Art. 398 Admissibility and grounds
1 An appeal is permitted against judgments of courts of first instance that conclude the proceedings in their entirety or in part, and against individual subsequent court decisions and individual forfeiture decisions.268 2 The court of appeal may review the judgment comprehensively on all contested points. 3 An appeal may contest:
4 Where the trial before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or that the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised. 5 If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction. 268 Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). |