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Art. 397 Procedure and decision
1 An Article 393 appeal shall be dealt with by written proceedings. 2 If the authority upholds the Article 393 appeal, it shall make a new decision or quash the contested decision and refer the case back to the lower court for a new decision. 3 If it upholds an Article 393 appeal against a ruling abandoning proceedings, it may issue instructions to the public prosecutor or the authority responsible for prosecuting contraventions on the continuation of the proceedings. 4 If it holds that there has been a denial of justice or unjustified delay, it may issue instructions to the authority concerned and set time limits for its compliance. 5 The court for Article 393 appeals shall decide within six months.268 268 Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). |