New Code of Criminal Procedure from 01.01.2024 – Important changes at a glance As part of the current amendment to the law, several important points in criminal procedure law have been adapted: Detention law

• New: Pursuant to Art. 222 para. 1 of the Code of Criminal Procedure, only the accused may appeal against decisions refusing detention. Public prosecutors no longer have this option.

Requirements for pre-trial detention

• Imprisonment for risk of reoffending under Art. 221 para. 1 lit. c CPC is already possible in the case of felonies and serious misdemeanors, but only in the case of “imminent and substantial” danger.
• Preventive detention under Art. 221 para. 1bis of the Code of Criminal Procedure may be ordered in exceptional cases if there is a strong suspicion of a crime or serious offense that has seriously impaired physical, psychological or sexual integrity and there is a serious and immediate risk of recurrence.

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 are concrete indications of crimes or offenses.
• The fact that criminal proceedings are pending against the accused person is not sufficient.

Victim protection

• Victims receive improved free legal assistance in accordance with Art. 136 para. 1 lit. b of the Code of Criminal Procedure, even if they are not a party to the proceedings.
• Furthermore, free legal aid can also be granted on application to enforce a criminal action if the necessary means are lacking and the action is likely to succeed. In the past, it was necessary to constitute oneself as a civil claimant in order to assert the right to free legal aid.

Penalty order proceedings

• The public prosecutor’s office must question the accused in summary penalty order proceedings if a custodial sentence is imminent.
• The public prosecutor’s office can decide on civil claims of up to CHF 30,000 in the summary penalty order without taking further evidence.

Sealing procedure

• The deadline for submitting sealing applications is now 3 days.
• Court decisions must be made within 10 days, negotiations within 30 days of the statement.
• The court may consult an expert.

We will be happy to help you with any questions in connection with criminal proceedings.