Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

¹ The pub­lic pro­sec­utor shall or­der the com­plete or par­tial aban­don­ment of the pro­ceed­ings if:

a.

no sus­pi­cions are sub­stan­ti­ated that jus­ti­fy bring­ing charges;

b.

the con­duct does not ful­fil the ele­ments of an of­fence;

c.

grounds jus­ti­fy­ing the con­duct mean that it does not con­sti­tute an of­fence;

d.

it is im­possible to ful­fil the pro­ced­ur­al re­quire­ments or pro­ced­ur­al im­ped­i­ments have aris­en;

e.

a stat­utory reg­u­la­tion ap­plies that per­mit the pub­lic pro­sec­utor to dis­pense with bring­ing charges or im­pos­ing a pen­alty.

² It may also aban­don the pro­ceed­ings by way of ex­cep­tion if:

a.

this is es­sen­tial in the in­terests of a vic­tim who was un­der the age of 18 at the time of the of­fence and this in­terest clearly over­rides the in­terest of the state in a pro­sec­u­tion; and

b.

the vic­tim or in the event that the vic­tim lacks leg­al ca­pa­city, his or her leg­al agent con­sents to the aban­don­ment.