Swiss Criminal Procedure Code
(Criminal Procedure Code, CrimPC)

¹ No­tice of in­ten­tion to file an Art­icle 398 ap­peal must be giv­en in writ­ing or or­ally to the court of first in­stance with­in 10 days of the is­su­ing of the judg­ment.

² When it has drawn up the writ­ten judg­ment stat­ing the grounds, the court of first in­stance shall trans­mit the no­tice to­geth­er with the files to the court for Art­icle 398 ap­peals.

³ The party that has giv­en no­tice of in­ten­tion to ap­peal shall file a writ­ten Art­icle 398 ap­peal pe­ti­tion with the court for Art­icle 398 ap­peals with­in 20 days of re­ceiv­ing the writ­ten judg­ment stat­ing the grounds. In the pe­ti­tion, he or she must in­dic­ate:

a.

wheth­er he or she is con­test­ing the judg­ment in its en­tirety or only in part;

b.

which changes to the judg­ment is­sued by the court of first in­stance judg­ment it is re­quest­ing; and

c.

what re­quests for fur­ther evid­ence to be taken it is mak­ing.

⁴ If a per­son is only con­test­ing part of the judg­ment, he or she must in­dic­ate in the Art­icle 398 ap­peal pe­ti­tion which of the fol­low­ing parts the ap­peal is lim­ited to:

a.

the ver­dict, and which ver­dict if there is more than one of­fence;

b.

the sen­tence im­posed;

c.

the meas­ures ordered;

d.

the civil claim or in­di­vidu­al civil claims;

e.

the in­cid­ent­al ef­fects of the judg­ment;

f.

the award of costs, com­pens­a­tion or sat­is­fac­tion;

g.

the sub­sequent ju­di­cial de­cisions.