Art. 30 SCC from 2025
Art. 30 Criminal complaint Right to file a complaint
1 If an act shall be liable to prosecution only if a complaint is filed, any person who suffers harm due to the act may request that the person responsible be prosecuted.
2 If the person suffering harm does not have the legal capacity to act, his legal representative is entitled to file a complaint. If he is under guardianship or subject to a general deputyship, the adult protection authority is also entitled to file a complaint. (1)
3 If the person suffering harm is a minor or if he is subject to a general deputyship, he is entitled to file a complaint if he is capable of judgement. (2)
4 If the person suffering harm dies without filing the criminal complaint or without expressly waiving his right to file the criminal complaint, his next of kin are entitled to file the complaint.
5 If an entitled person expressly waives his right to file a complaint, his waiver is final.
(1) Second sentence amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).(2) Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
