Chapter 1 Implementing Provisions

Art. 445  

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

Chapter 2 Amendment of Legislation

Art. 446 Repeal and amendment of current legislation  

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.

Art. 447 Coordination provisions  

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

Chapter 3 Transitional Provisions

Section 1 General Procedural Provisions

Art. 448 Applicable law  

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.

Art. 449 Jurisdiction  

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 court 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.

Section 2 Main Proceedings of First Instance and Special Proceedings

Art. 450 Main proceedings of first instance  

If the tri­al 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.

Art. 451 Separate subsequent court decisions  

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.

Art. 452 Proceedings in absentia  

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.

Section 3 Appellate Proceedings

Art. 453 Decisions made before this Code comes into force  

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.

Art. 454 Decision made after this Code comes into force  

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.

Section 4 Rejections of Summary Penalty Orders; Private Prosecutions

Art. 455 Rejections of summary penalty orders  

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

Art. 456 Private prosecutions  

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.

Section 5 Transitional Provision to the Amendment of 28 September 2012283

283 Inserted by No I 2 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 57075719).

Art. 456a  

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.

Chapter 4 Referendum and Commencement

Art. 457  

1 This Code is sub­ject to an op­tion­al ref­er­en­dum.

2 The Fed­er­al Coun­cil shall de­term­ine the com­mence­ment date.

Com­mence­ment date: 1 Janu­ary 2011284

284 FCD of 31 March 2010.

Annex 1

(Art. 446 para. 1)

Repeal and Amendment of Current Legislation

I

The following Federal Acts are repealed:

1.
Federal Act of 15 June 1934285 on the Administration of Federal Criminal Justice;
2.
Federal Act of 20 June 2003286 on Covert Investigations.

II

The federal acts below are amended as follows:

287

285 [BS 3 303; AS 1971 777No III 4; 1974 1857Annex No 2; 1978 688Art. 88 No 4; 1979 1170; 1992 288Annex No 15, 2465Annex No 2; 1993 1993; 1997 2465Annex No 7; 2000 505No I 3, 2719No II 3, 2725No II; 2001 118 No I 3, 3071No II 1, 3096Annex No 2, 3308; 2003 2133Annex No 9; 2004 1633No I 4; 2005 5685Annex No 19; 2006 1205Annex No 10; 2007 6087; 2008 1607Annex No 1, 4989Annex 1 No 6, 5463Annex No 3; 2009 6605Annex No II 3]

286 [AS 2004 1409; 2006 2197Annex No 29; 2007 5437Annex No II 6; 2006 5437Art. 2 No 2. AS 2010 1881Annex 1 No I 2]

287 The amendments may be consulted under AS 2010 1881.

Annex 2

(Art. 447)

Coordination Provisions

1. Coordination of Article 305 paragraph 2 letter b of the Criminal Procedure Code with the new Victim Support Act 288

288The new VSA came into force on 1 Jan. 2009.

Irrespective of whether the new Victim Support Act of 23 March 2007289 (new VSA) comes into force before or after the Criminal Procedure Code of 5 October 2007 (CPC), on commencement of whichever comes into force later or if both come into force at the same time, Article 305 paragraph 2 letter b CPC shall be amended as follows:

2. Coordination of Number 9 of Annex 1 with the new Victim Support Act

Irrespective of whether the new VSA comes into force before or after the CPC, on commencement of whichever comes into force later or if both come into force at the same time Number 9 of Annex 1 of the CPC shall cease to have effect and the new VSA shall be amended in accordance with number 10 of Annex 1 of the CPC.

3. Coordination of the Military Criminal Procedure Code of 23 March 1979 (Annex 1 number 12) with the new VSA290290

Irrespective of whether the new VSA comes into force before or after the CPC, on commencement of whichever comes into force later or if both come into force at the same time Articles 84a, 104 paragraph 3 and 118 paragraph 2 shall be amended by number 12 of the Annex 1 the CPC as follows:

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