Article 31 jurisdiction of the place
1 For the prosecution and adjudication of a crime, the authorities in charge of the place where the act was committed. If only the place, is occurring to the success of the offense in Switzerland, so the authorities in charge of this place.
2 If the crime was committed in several places, or is the success in several places has occurred, the authorities of the place are responsible for the acts of persecution are first
been made.
3 If an accused person committed the same place several crimes, misdemeanors or violations, the procedures are combined.
Article 32 The venue for crimes abroad, or an uncertain scene
1 was a crime committed abroad or can not the scene of the crime be established, are to monitor and assess the authorities in charge of the place where the accused person is domiciled or has its habitual residence.
2 Has the accused person is neither resident nor ordinarily resident in Switzerland, then the responsible authorities of the home town, missing a home, then the authorities in charge of the place where the accused person has been found.
3 If there is no jurisdiction under paragraphs 1 and 2, are the authorities jurisdiction of the canton, the requested delivery.
Article 31 posited the principle that crime must be pursued in the crime was committed ( forum delicti commissi ). In essence, is included with the exception of a few editorial differences, the current Article 340 of the Criminal Code.
para 1 sentence 1 refers to the scene of activity in so-called crimes and offenses on success. Whether the latter to the criminal act in the narrow sense, or the occurrence of success is to provide, in each case determined on the particular facts. For instance the fraud at the last and decisive action to stop execution: BGE 115 IV 272 .
para 1 sentence 2 considers the case where they have occurred on a successful offense, only the success in Switzerland, is leading to success whilst the execution acts committed abroad. In this case, the success of entry into Switzerland, represents in each case an independent point of contact for the jurisdiction. should uphold Article 340 of the Penal Code, unlike mentioned Article 31 CHStPO the place where success would (if they try to success offense) not more. However, this does nothing since, Article 8, paragraph 2 of the Penal Code the crime was committed when he tried to tort success already in this sense.
A further definition of the inspection site is Article 8 paragraph 1 of the Penal Code refer to. According to this provision is a crime or offense (as per Article 104 of the Penal Code this also applies to violations) as a committed where the offender performs it. For crimes of omission is the scene where the perpetrator remains wrongful idle (this corresponds well to the place where he should have been in operation).
Paragraph 2 provides that in case of committing several locations in Switzerland, the so-called forum praeventionis is applicable, with Article 31 paragraph 2 to the current Article 340 of the Penal Code stipulates that the formal opening of criminal investigation shall prevail is already sufficient but each act of persecution, including one on the pursuit of a possible crime action of the police criminal investigation in the preceding police investigations (Article 306 CHStPO f). The secondary application of forum praeventionis applies only to cases where there are multiple execution venues or more successful places and not already on the case where the performance of service otherwise Erfolgsort present (in this case is determined as mentioned in the interpretation of the relevant facts is whether to put on the place of execution or the place of action of the successful admissions).
para 3 says nothing more than already lit Article 29, paragraph 1. a.
Article 32 governs the venue for so-called foreign acts or deeds, which lack Auslandstat a known crime scene can not be excluded, respectively. in deeds, in which the commission is in the national territory no doubt of the crime scene because of unclear boundaries, however, can not be determined (for example, committing a crime on board a ship the middle of Lake Lucerne). This provision is the result, explained that Article 4 et seq of the Swiss Penal Code and criminal law to certain acts committed abroad to be applicable. In terms of a cascade of jurisdiction attaches to the residence, place of origin, the Betreffungsort or province, has requested the extradition of. The wording is broadly consistent with that of the present Article 342 of the Penal Code with the current judicial practice this clarification that the habitual residence of the residence is the same (in the absence of an official residence in Switzerland). Major influence on the conditions at the time of persecution and not the commission of the act (Trechsel ref. 5 to Article 348 of the Criminal Code) are.
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