¹ If the ac­cused is wholly or partly ac­quit­ted or if the pro­ceed­ings against the ac­cused are aban­doned, he or she is en­titled to:

a.

dam­ages for his or her ex­pendit­ure in­curred in the ap­pro­pri­ate ex­er­cise of their pro­ced­ur­al rights;

b.

dam­ages for the fin­an­cial losses that he or she in­curs due to the re­quired par­ti­cip­a­tion in the crim­in­al pro­ceed­ings;

c.

sat­is­fac­tion for par­tic­u­larly ser­i­ous vi­ol­a­tions of his or her per­son­al cir­cum­stances, in par­tic­u­lar due to depriva­tion of liberty.

² The crim­in­al justice au­thor­ity shall ex­am­ine the claim ex of­fi­cio. It may re­quire the ac­cused to quanti­fy and sub­stan­ti­ate the claim.

¹ The crim­in­al justice au­thor­ity may re­duce the dam­ages or sat­is­fac­tion or re­fuse to pay if:

a.

the ac­cused has un­law­fully and culp­ably brought about the pro­ceed­ings or has ob­struc­ted their con­duct;

b.

the private claimant is re­quired to pay dam­ages to the ac­cused; or

c.

the ac­cused's ex­pendit­ure is neg­li­gible.

² In the ap­pel­late pro­ceed­ings, dam­ages and sat­is­fac­tion may be fur­ther re­duced if the re­quire­ments of Art­icle 428 para­graph 2 are ful­filled.

¹ If com­puls­ory meas­ures have been ap­plied to the ac­cused un­law­fully, the crim­in­al justice au­thor­ity shall award the ac­cused ap­pro­pri­ate dam­ages and sat­is­fac­tion.

² There is a right to dam­ages and sat­is­fac­tion in re­la­tion to re­mand and pre­vent­ive de­ten­tion if the per­mit­ted peri­od of de­ten­tion is ex­ceeded is and the ex­cess­ive depriva­tion of liberty can­not be not ac­coun­ted for in sanc­tions im­posed in re­spect of oth­er of­fences.

³ The right un­der para­graph 2 ceases to ap­ply if the ac­cused:

a.

is sen­tenced to a mon­et­ary pen­alty, com­munity ser­vice or a fine and the equi­val­ent al­tern­at­ive cus­todi­al sen­tence would not be sub­stan­tially short­er than the time spent on re­mand or in pre­vent­ive de­ten­tion;

b.

re­ceives a sus­pen­ded cus­todi­al sen­tence the length of which ex­ceeds the time spent on re­mand or in pre­vent­ive de­ten­tion.

¹ The ac­cused, if ac­quit­ted, is en­titled to ap­pro­pri­ate dam­ages from the private claimant in re­spect of ex­pendit­ure in­curred in re­la­tion to the civil claim.

² If the ac­cused is ac­quit­ted of an of­fence pro­sec­uted only on com­plaint, the com­plain­ant may be re­quired to com­pensate the ac­cused for ex­pendit­ure in­curred in the prop­er ex­er­cise of his or her pro­ced­ur­al rights, provided the com­plain­ant has brought about the pro­ceed­ings wil­fully or through gross neg­li­gence or has ob­struc­ted their con­duct.

¹ The private claimant is en­titled to ap­pro­pri­ate dam­ages from the ac­cused for costs in­curred in the pro­ceed­ings if:

a.

the claim is suc­cess­ful; or

b.

the ac­cused is li­able to pay costs in terms of Art­icle 426 para­graph 2.

² The private claimant must sub­mit his or her dam­ages claim to the crim­in­al justice au­thor­ity, and quant­ity and sub­stan­ti­ate the same. If he or she fails to ful­fil this ob­lig­a­tion, the crim­in­al justice au­thor­ity shall not con­sider the claim

¹ Third parties have the right to ap­pro­pri­ate dam­ages for losses that are not oth­er­wise covered and to sat­is­fac­tion if they have in­curred losses as a res­ult of pro­ced­ur­al acts or in provid­ing sup­port to the crim­in­al justice au­thor­it­ies. Art­icle 433 para­graph 2 ap­plies mu­tatis mutandis.

² A de­cision shall be made on the claims in the fi­nal judg­ment. In clear cases, the pub­lic pro­sec­utor may is­sue a de­cision in the pre­lim­in­ary pro­ceed­ings.

Claims for dam­ages and sat­is­fac­tion against the Con­fed­er­a­tion or the can­ton must be filed with­in 10 years of the date on which the de­cision be­comes leg­ally bind­ing.

¹ Claims for dam­ages and sat­is­fac­tion in ap­pel­late pro­ceed­ings are gov­erned by Art­icles 429–434.

² Where the ac­cused is neither fully nor partly ac­quit­ted and the pro­ceed­ings are not aban­doned but the ac­cused is suc­cess­ful on oth­er points, he or she is en­titled to ap­pro­pri­ate dam­ages for his or her ex­pendit­ure.

³ If the ap­pel­late au­thor­ity quashes a de­cision in ac­cord­ance with Art­icle 409, the parties are en­titled to ap­pro­pri­ate dam­ages for their ex­pendit­ure in the ap­pel­late pro­ceed­ings and that part of the pro­ceed­ings be­fore the court of first in­stance that re­lated to the quashed de­cision.

⁴ An ac­cused who is ac­quit­ted or re­ceives a re­duced sen­tence fol­low­ing a re­view of the case is en­titled to ap­pro­pri­ate dam­ages for his or her ex­pendit­ure in the re­view pro­ceed­ings. He or she is also en­titled to sat­is­fac­tion and dam­ages for time spent in cus­tody, provided this depriva­tion of liberty can­not be not ac­coun­ted for in sanc­tions im­posed in re­spect of oth­er of­fences.

¹ Judg­ments and oth­er de­cisions con­clud­ing pro­ceed­ings against which an ap­pel­late rem­edy may be re­ques­ted un­der this Code be­come leg­ally bind­ing when:

a.

the peri­od for re­ques­ted ap­pel­late rem­edy has ex­pired and no re­quest has been made;

b.

the en­titled per­son de­clares that he or she is waiv­ing his or her right to an ap­pel­late rem­edy or with­draw­ing an ap­pel­late rem­edy already re­ques­ted;

c.

the ap­pel­late au­thor­ity de­cides not to con­sider the sub­stance of the ap­pel­late rem­edy or to re­ject it.

² The de­cision be­comes leg­ally bind­ing with ret­ro­spect­ive ef­fect from the day on which the de­cision was is­sued.

³ De­cisions that are not sub­ject to the right to an ap­pel­late rem­edy un­der this Code be­come leg­ally bind­ing on be­ing is­sued.

¹ The crim­in­al justice au­thor­ity that has is­sued a de­cision shall note the date on which it be­comes leg­ally bind­ing in the files or in the judg­ment.

² If the parties have been no­ti­fied that an ap­pel­late rem­edy has been re­ques­ted, they shall also be no­ti­fied of the date on which the judg­ment be­comes leg­ally bind­ing.

³ If there is a dis­pute over wheth­er or when a de­cision has be­come leg­ally bind­ing, the au­thor­ity that has is­sued the de­cision shall rule on the mat­ter.

⁴ An ob­jec­tion may be filed against the rul­ing on the leg­ally bind­ing ef­fect of the de­cision.

¹ The Con­fed­er­a­tion and the can­tons shall de­term­ine the au­thor­it­ies re­spons­ible for the ex­e­cu­tion of sen­tences and meas­ures as well as the rel­ev­ant pro­ced­ure; spe­cial reg­u­la­tions in this Code and in the SCC¹⁹⁰ are re­served.

² The ex­ec­ut­ive au­thor­ity shall is­sue an ex­e­cu­tion or­der.

³ Leg­ally-bind­ing cus­todi­al sen­tences and cus­todi­al meas­ures must be ex­ecuted im­me­di­ately:

a.

if there is a risk of ab­scond­ing;

b.

if there is a ser­i­ous risk to the pub­lic; or

c.

if there is no guar­an­tee that the pur­pose of the meas­ure will oth­er­wise be ful­filled.

⁴ In or­der to im­ple­ment the ex­e­cu­tion or­der, the ex­ec­ut­ive au­thor­ity may ar­rest the per­son con­victed, is­sue a war­rant for his or her ar­rest or re­quest his or her ex­tra­di­tion.

¹ In cases of ur­gency, the ex­ec­ut­ive au­thor­ity may place the per­son con­victed in pre­vent­ive de­ten­tion to en­sure of that the sen­tence or the meas­ure is ex­ecuted.

² It shall sub­mit the case with­in 5 days of the per­son's de­ten­tion:

a.

to the court that im­posed the sen­tence or meas­ure that is to be ex­ecuted;

b.

in the case of sum­mary pen­alty or­ders, to the com­puls­ory meas­ures court at the place where the pub­lic pro­sec­utor is­sued the sum­mary pen­alty or­der.

³ The court shall make a fi­nal de­cision on wheth­er the per­son con­victed re­mains in de­ten­tion un­til the com­mence­ment of the sen­tence or meas­ure.

¹ Sen­tences that are time-barred may not be en­forced.

² The ex­ec­ut­ive au­thor­ity shall veri­fy ex of­fi­cio wheth­er the sen­tence is time barred.

³ The per­son con­victed may con­test the planned ex­e­cu­tion of a time-barred sen­tence or meas­ure be­fore the ob­jec­tions au­thor­ity of the can­ton of ex­e­cu­tion. This au­thor­ity shall also de­cide on wheth­er the ap­peal has sus­pens­ive ef­fect.

⁴ If the per­son con­victed is made to serve a time-barred cus­todi­al sanc­tion, he or she shall be en­titled to dam­ages and sat­is­fac­tion in ana­log­ous ap­plic­a­tion of Art­icle 431.

¹ Pro­ced­ur­al costs, mon­et­ary pen­al­ties, fines and oth­er fin­an­cial pay­ments to be made in con­nec­tion with crim­in­al pro­ceed­ings shall be col­lec­ted in ac­cord­ance with the pro­vi­sions of the DEBA¹⁹¹.

² Claims in re­spect of pro­ced­ur­al costs must be filed with­in 10 years of the date on which the de­cision on costs be­comes leg­ally bind­ing. De­fault in­terest amounts to 5 per cent.

³ The Con­fed­er­a­tion and the can­tons shall de­term­ine the au­thor­it­ies that col­lect fin­an­cial pay­ments.

⁴ The crim­in­al justice au­thor­it­ies may set off their claims in re­spect of pro­ced­ur­al costs against the claims to dam­ages of the party li­able to pay arising from the same crim­in­al pro­ceed­ings and against seized as­sets.

In­so­far as the judg­ment relates to civil claims, it shall be en­forced in ac­cord­ance with the civil pro­ced­ure law ap­plic­able at the place of ex­e­cu­tion and the DEBA¹⁹².

The Con­fed­er­a­tion and the can­tons shall de­term­ine the au­thor­it­ies that must is­sue of­fi­cial no­tices.

The Fed­er­al Coun­cil and, in­so­far as they are re­spons­ible, the can­tons shall is­sue the pro­vi­sions re­quired to im­ple­ment this Code.

¹ The re­peal and the amend­ment of cur­rent le­gis­la­tion are reg­u­lated in An­nex 1.

² The Fed­er­al As­sembly may amend by or­din­ance pro­vi­sions of fed­er­al acts that are con­tra­dict­ory to this Code but which have not been form­ally amended herein.

The co­ordin­a­tion of pro­vi­sions of oth­er en­act­ments with this Code is reg­u­lated in An­nex 2.

¹ Pro­ceed­ings that are pending when this Code comes in­to force shall be con­tin­ued in ac­cord­ance with the new law un­less the fol­low­ing pro­vi­sions provide oth­er­wise.

² Pro­ced­ur­al acts that were ordered or car­ried out be­fore this Code came in­to force shall re­main val­id.

¹ Pro­ceed­ings that are pending when this Code comes in­to force shall be con­tin­ued by the com­pet­ent au­thor­it­ies un­der the new law un­less the fol­low­ing pro­vi­sions provide oth­er­wise.

² Con­flicts on jur­is­dic­tion between au­thor­it­ies of the same can­ton shall be de­cided by the ob­jec­tions au­thor­ity of the can­ton con­cerned and con­flicts between the au­thor­it­ies of dif­fer­ent can­tons or between can­ton­al and fed­er­al au­thor­it­ies shall be de­cided by the Fed­er­al Crim­in­al Court.

If the main hear­ing has already be­gun when this Code comes in­to force, it shall be con­tin­ued in ac­cord­ance with the pre­vi­ous law in the pre­vi­ously com­pet­ent court of first in­stance.

After this Code comes in­to force, sep­ar­ate sub­sequent court de­cisions shall be made by the crim­in­al justice au­thor­ity that would have been re­spons­ible for the first in­stance judg­ment un­der this Code.

¹ Ap­plic­a­tions for re-as­sess­ment fol­low­ing a judg­ment in ab­sen­tia that are pending when this Code comes in­to force shall be con­sidered in ac­cord­ance with the pre­vi­ous law.

² Ap­plic­a­tions for re-as­sess­ment fol­low­ing a judg­ment in ab­sen­tia un­der the pre­vi­ous law that are made after this Code comes in­to force shall be con­sidered in ac­cord­ance with the law that is more fa­vour­able to the ap­plic­ant.

³ The new law ap­plies to the re-as­sess­ment. The court that would have been re­spons­ible for the judg­ment in ab­sen­tia in ac­cord­ance with this Code has jur­is­dic­tion.

¹ If a de­cision was made be­fore this Code comes in­to force, an ap­pel­late rem­edy against it shall be judged in ac­cord­ance with the pre­vi­ous law by the au­thor­it­ies com­pet­ent un­der the pre­vi­ous law.

² If pro­ceed­ings are re­mit­ted by the ap­pel­late au­thor­ity or the Fed­er­al Su­preme Court for re-as­sess­ment, the new law ap­plies. The re-as­sess­ment shall be car­ried out by the au­thor­ity that would have been re­spons­ible for the quashed de­cision in ac­cord­ance with this Code.

¹ Ap­pel­late rem­ed­ies against first in­stance de­cisions that are made after this Code comes in­to force are gov­erned by the new law.

² Ap­pel­late rem­ed­ies against first in­stance de­cisions of high­er courts that are made in ac­cord­ance with the pre­vi­ous law after this Code comes in­to force are gov­erned by the pre­vi­ous law.

Re­jec­tions of sum­mary pen­alty or­ders are gov­erned by Art­icle 453 mu­tatis mutandis.

Private pro­sec­u­tions un­der the pre­vi­ous can­ton­al law that are pending be­fore a court of first in­stance when this Code comes in­to force shall be con­tin­ued to the con­clu­sion of first in­stance pro­ceed­ings in ac­cord­ance with the pre­vi­ous law by the court that was com­pet­ent un­der the pre­vi­ous law.

In pro­ceed­ings that are pending when the Amend­ment of 28 Septem­ber 2012 to this Code comes in­to force, the new law ap­plies to ex­am­in­a­tion hear­ings from the date on which the Amend­ment comes in­to force.

¹ This Code is sub­ject to an op­tion­al ref­er­en­dum.

² The Fed­er­al Coun­cil shall de­term­ine the com­mence­ment date.

Com­mence­ment date: 1 Janu­ary 2011¹⁹⁴