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Swiss Criminal Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 21 December 1937 (Status as of 1 January 2022)

Art. 30

8. Crim­in­al com­plaint

Right to file a com­plaint

 

1 If an act shall be li­able to pro­sec­u­tion only if a com­plaint is filed, any per­son who suf­fers harm due to the act may re­quest that the per­son re­spons­ible be pro­sec­uted.

2 If the per­son suf­fer­ing harm does not have the leg­al ca­pa­city to act, his leg­al rep­res­ent­at­ive is en­titled to file a com­plaint. If he is un­der guard­i­an­ship or sub­ject to a gen­er­al deputy­ship, the adult pro­tec­tion au­thor­ity is also en­titled to file a com­plaint.20

3 If the per­son suf­fer­ing harm is a minor or if he is sub­ject to a gen­er­al deputy­ship, he is en­titled to file a com­plaint if he is cap­able of judge­ment.21

4 If the per­son suf­fer­ing harm dies without fil­ing the crim­in­al com­plaint or without ex­pressly waiv­ing his right to file the crim­in­al com­plaint, his next of kin are en­titled to file the com­plaint.

5 If an en­titled per­son ex­pressly waives his right to file a com­plaint, his waiver is fi­nal.

20 Second sen­tence amended by An­nex No 14 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).

21 Amended by An­nex No 14 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 20067001).