Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

¹ The ac­cused may ap­ply to the pub­lic pro­sec­utor at any time in writ­ing or or­ally on re­cord for re­lease from re­mand, sub­ject to para­graph 5 be­low. The ap­plic­a­tion must be ac­com­pan­ied by a brief state­ment of grounds.

² If the pub­lic pro­sec­utor grants the ap­plic­a­tion, it shall re­lease the ac­cused from re­mand im­me­di­ately. If it does not wish to grant the ap­plic­a­tion, it shall pass the same to­geth­er with the files no later than 3 days after re­ceipt to the com­puls­ory meas­ures court ac­com­pan­ied by a state­ment of its opin­ion.

³ The com­puls­ory meas­ures court shall send the opin­ion to the ac­cused and his or her de­fence law­yer and al­low them 3 days to re­spond.

⁴ The com­puls­ory meas­ures court shall de­cide at the latest with­in 5 days of re­ceiv­ing the re­sponse or of the ex­piry of the time lim­it men­tioned in para­graph 3 above. If the ac­cused ex­pressly waives the right to a hear­ing, the de­cision may be is­sued in writ­ten pro­ceed­ings. Art­icle 226 para­graphs 2–5 also ap­plies mu­tatis mutandis.

⁵ The com­puls­ory meas­ures court may in its de­cision spe­cify a time lim­it of a max­im­um of one month with­in which the ac­cused is not per­mit­ted to file a fur­ther ap­plic­a­tion for re­lease.