Swiss Criminal Procedure Code

¹The pub­lic pro­sec­utor and courts shall waive pro­sec­u­tion if the fed­er­al law so per­mits, in par­tic­u­lar sub­ject to the re­quire­ments of Art­icles 52, 53 and 54 of the Swiss Crim­in­al Code¹ (SCC).

²Un­less it is con­trary to the private claimant's over­rid­ing in­terests, they shall also waive pro­sec­u­tion if:

a.

the of­fence is of neg­li­gible im­port­ance in com­par­is­on with the oth­er of­fences with which the ac­cused is charged as re­gards the ex­pec­ted sen­tence or meas­ure;

b.

any ad­di­tion­al pen­alty im­posed in com­bin­a­tion with the sen­tence in the fi­nal judg­ment would be neg­li­gible;

c.

an equi­val­ent sen­tence im­posed abroad would have to be taken in­to ac­count when im­pos­ing a sen­tence for the of­fence pro­sec­uted.

³Un­less it is con­trary to the private claimant's over­rid­ing in­terests, the pub­lic pro­sec­utor and courts may waive the pro­sec­u­tion if the of­fence is already be­ing pro­sec­uted by a for­eign au­thor­ity or the pro­sec­u­tion has been as­signed to such an au­thor­ity.

⁴In such cases, they shall is­sue an or­der stat­ing that no pro­ceed­ings are be­ing tak­ing or that the on­go­ing pro­ceed­ings have been aban­doned.