Art. 410 CrimPC from 2023
Art. 410 Review Admissibility of and grounds for a review
1 Any person who is adversely affected by a legally binding final judgment, a summary penalty order, a subsequent judicial decision or a decision in separate proceedings on measures may request a review of the case if:
a. new circumstances that arose before the decision or new evidence have come to light that are likely to lead to an acquittal, a considerably reduced or more severe penalty for the convicted person or the conviction of an acquitted person;b. the decision is irreconcilably contradictory to a subsequent criminal judgment relating to the same set of circumstances;c. it has been proven in other criminal proceedings that the result of proceedings was influenced by a criminal offence; a conviction is not required; if it is not possible to conduct criminal proceedings, proof may be adduced in another way.2 The review of a case due to a violation of the Convention of 4 November 1950 (1) for the Protection of Human Rights and Fundamental Freedoms (ECHR) may be requested if:
a. (2) the European Court of Human Rights has held in a final judgment (Art. 44 ECHR) that the ECHR or its Protocols have been violated or the case has been concluded by means of a friendly settlement (Art. 39 ECHR);b. the consequences the violation cannot be compensated for by the payment of damages; andc. the review of a case is necessary in order to redress the violation.3 The review of a case for the benefit of the person convicted may also be requested after the case becomes time-barred.
4 Is the review of a case is limited to civil claims, it shall be admissible only if the civil procedure law applicable at the place of jurisdiction would allow a review of a case.
(1) [SR 0.101]
(2) Amended by Annex No 3 of the FA of 1 Oct. 2021, in force since 1 July 2022 ([AS 2022 289]; [BBl 2021 300], [889]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
