CrimPC Art. 428 - Allocation of costs in appellate proceedings

Einleitung zur Rechtsnorm CrimPC:

Art. 428 CrimPC from 2023

Art. 428 Allocation of costs in appellate proceedings

¹ The costs of the appellate proceedings are borne by the parties according to whether they are successful or not. An appellant is also regarded as unsuccessful if the appeal is dismissed without its substance being considered or if the appeal is withdrawn.

² Where an appellant secures a more favourable decision, he or she may be ordered to pay costs if:

³ If the appellate authority itself issues a new decision, it shall also review the ruling on costs issued by the lower court.

⁴ If it quashes a decision and remits the case to the lower for a new decision, the Confederation or the canton shall bear the costs of the appellate proceedings, if the appellate authority so decides, those of the lower court.

⁵ If an application for a review is approved, the criminal justice authority that must subsequently deal with the case shall decide at its discretion on the costs of the first proceedings.