New CrimPC regulations from January 01.01.2024 – important changes at a glance

As part of the current change in the law, several important points in Criminal Procedure Code have been adjusted:

Arrest law

  • New: According to Article 222 Para. 1 CrimPC, only the accused person can lodge a complaint against negative detention decisions. Public prosecutors no longer have this option.

Requirements for pre-trial detention

  • Haft wegen Wiederholungsgefahr nach Art. 221 Abs. 1 lit. c StPO ist bereits bei Verbrechen und schweren Vergehen möglich, jedoch nur bei “unmittelbar erheblicher” Gefährdung.
  • Preventive detention in accordance with Article 221 Para. 1bis CrimPC can be ordered exceptionally if there is strong suspicion of a crime or serious offense that has seriously impaired physical, psychological or sexual integrity and there is a serious and imminent risk of repetition.

DNA profiles

  • DNA profiles may now be taken and used not only for ongoing proceedings, but also to investigate past or future crimes if there is concrete evidence of crimes or misdemeanors.
  • The fact that criminal proceedings are pending against the accused person is not sufficient.

Victim protection

  • Victims receive improved free legal care in accordance with Article 136 Paragraph 1 Letter b CrimPC, even if they are not a party to the proceedings.
  • Furthermore, free legal assistance can be granted upon request in order to enforce a criminal lawsuit if the necessary resources are lacking and the lawsuit is promising. In the past, it was necessary to constitute yourself as a civil plaintiff in order to enforce your right to free legal assistance.

Criminal warrant proceedings

  • The public prosecutor's office must examine the accused person in the criminal warrant proceedings if a prison sentence is threatened.
  • The public prosecutor's office can decide on civil claims of up to CHF 30 in the penalty order without taking any further evidence.

Sealing process

  • The deadline for submitting requests for sealing is now 3 days.
  • Court decisions must be made within 10 days, negotiations within 30 days of the statement.
  • The court can call in an expert.

If you have any questions relating to criminal proceedings, we will be happy to help you.