On 17 June 2022, the Federal Assembly adopted various amendments to the Code of Criminal Procedure after consulting the Federal Council Dispatch of 28 August 2019. The referendum period expired unused on 6 October 2022. On 23 August 2023, the Federal Council decided to bring the amendments to the Code of Criminal Procedure into force on 1 January 2024. Three provisions in the Juvenile Offences Act and the Code of Juvenile Procedure are exempt from this. These amendments will be made at a later date. The amendments concern, among other things, the penalty order procedure as well as victims’ rights and the unsealing procedure.
The Federal Council wants to improve the practicability of the Code of Criminal Procedure through selective amendments. In future, the public prosecutor’s office must always interview the accused if it is to be expected that the penalty order will result in a custodial sentence to be served (Art. 352a E-StPO). Furthermore, civil claims of up to CHF 30’000.- can be decided in the criminal order proceedings in future, provided that their assessment is possible without taking further evidence (Art. 353 para. 2 E-StPO).
In the area of victims’ rights, the victim’s right to information is extended. In future, a victim will have the right to receive the judgement or order against the offender free of charge, even if he or she is not a party to the criminal proceedings (Art. 117 para. 1 lit. g E-StPO). In addition, the victim is now also granted free legal assistance upon request for the enforcement of his or her criminal action (Art. 136 para. 1 lit. b E-StPO).
In the area of unsealing records or objects, the procedure is regulated in more detail. The aim is to shorten unsealing procedures and thus to speed up (especially complex) criminal proceedings overall (Art. 248a E-StPO).
During the parliamentary debate, the restriction of the right of accused persons to participate in hearings of other accused persons was particularly controversial. In the argumentation, efficiency considerations and the right to fair and transparent proceedings were opposed. The National Council, which rejected the restriction from the beginning, was finally able to prevail on this point. The rights of participation thus remain unchanged and will not be restricted.
