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Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

of 5 October 2007 (Status as of 1 July 2022)

Art. 82 Limitations to the duty to state grounds

1 The court of first in­stance shall dis­pense with a writ­ten state­ment of the grounds if it:

a.
states the grounds for the judg­ment or­ally; and
b.
it does not im­pose a cus­todi­al sen­tence of more than two years, in­def­in­ite in­car­cer­a­tion un­der Art­icle 64 SCC24, treat­ment in terms of Art­icle 59 para­graph 3 SCC or, in the case of sus­pen­ded sanc­tions to be re­voked sim­ul­tan­eously, a depriva­tion of liberty of more than two years.

2 The court shall provide the parties ret­ro­spect­ively with a writ­ten judg­ment stat­ing the grounds if:

a.
a party re­quests the same with­in 10 days of ser­vice of the con­clu­sions;
b.
a party files an ap­peal.

3 If it is only the private claimant who re­quests a writ­ten judg­ment stat­ing the grounds or who ap­peals, the court shall provide a state­ment of grounds only to the ex­tent that this relates to the crim­in­al con­duct to the pre­ju­dice of the private claimant and to his or her civil claims.

4 In the ap­pel­late pro­ceed­ings, the court may refer to the grounds stated by the lower court in its ap­prais­al of the fac­tu­al and the leg­al is­sues in the case.