Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

¹ Any per­son who is ad­versely af­fected by a leg­ally bind­ing fi­nal judg­ment, a sum­mary pen­alty or­der, a sub­sequent ju­di­cial de­cision or a de­cision in sep­ar­ate pro­ceed­ings on meas­ures may re­quest a re­view of the case if:

a.

new cir­cum­stances that arose be­fore the de­cision or new evid­ence have come to light that are likely to lead to an ac­quit­tal, a con­sid­er­ably re­duced or more severe pen­alty for the con­victed per­son or the con­vic­tion of an ac­quit­ted per­son;

b.

the de­cision is ir­re­con­cil­ably con­tra­dict­ory to a sub­sequent crim­in­al judg­ment re­lat­ing to the same set of cir­cum­stances;

c.

it has been proven in oth­er crim­in­al pro­ceed­ings that the res­ult of pro­ceed­ings was in­flu­enced by a crim­in­al of­fence; a con­vic­tion is not re­quired; if it is not pos­sible to con­duct crim­in­al pro­ceed­ings, proof may be ad­duced in an­oth­er way.

² The re­view of a case due to a vi­ol­a­tion of the Con­ven­tion of 4 Novem­ber 1950¹⁶⁹ for the Pro­tec­tion of Hu­man Rights and Fun­da­ment­al Freedoms (ECHR) may be re­ques­ted if:

a.¹⁷⁰

the European Court of Hu­man Rights has held in a fi­nal judg­ment (Art. 44 ECHR) that the ECHR or its Pro­to­cols have been vi­ol­ated or the case has been con­cluded by means of a friendly set­tle­ment (Art. 39 ECHR);

b.

the con­sequences the vi­ol­a­tion can­not be com­pensated for by the pay­ment of dam­ages; and

c.

the re­view of a case is ne­ces­sary in or­der to re­dress the vi­ol­a­tion.

³ The re­view of a case for the be­ne­fit of the per­son con­victed may also be re­ques­ted after the case be­comes time-barred.

⁴ Is the re­view of a case is lim­ited to civil claims, it shall be ad­miss­ible only if the civil pro­ced­ure law ap­plic­able at the place of jur­is­dic­tion would al­low a re­view of a case.