Drucken
Artikel, Notizen und Markierungen werden geladen... Bitte um etwas Geduld.

Swiss Criminal Code

of 21 December 1937 (Status as of 1 June 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).