Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

¹ The ap­peal or cross-ap­peal is deemed to have been with­drawn if the party that has filed it:

a.

fails without ex­cuse to at­tend or to ar­range to be rep­res­en­ted at the or­al ap­peal hear­ing;

b.

fails to file any writ­ten sub­mis­sions; or

c.

can­not be summoned.

² If the pub­lic pro­sec­utor or the private claimant has filed an ap­peal against the ver­dict or the sen­tence and the ac­cused fails without ex­cuse to at­tend the hear­ing, so pro­ceed­ings in ab­sen­tia shall be held.

³ If the private claimant has lim­ited his or her ap­peal to the civil as­pect and the ac­cused fails without ex­cuse to at­tend the hear­ing, the court of ap­peal shall de­cide as on the basis of the find­ings made in the tri­al be­fore the court of first in­stance and the oth­er files.