5th Section: Decide
Art Form 80
1 decisions, which is found in material relating to criminal and civil matters endure, in the form of an appeal. The other decisions adopted unless they are made by a collective authority
, in the form of a decision when they are felled by a single person in the form of a decision. that provisions of the penal procedure reserved.
two decisions rendered in writing and be substantiated. They are signed by the Board and the procedure protocol leading person and served on the parties.
3 Simple procedural decisions and executive orders need not be made out even more reason to be and will be noted in the record and the parties in an appropriate manner.
Article 81 Contents of the final decisions, judgments and other
a verfahrenserledigende decisions include: a.
an introduction;
b. justification;
c. a dispositive;
d. if they are actionable: the right of appeal.
2 The introduction includes: a.
the name of the criminal body and its members participating in the decision;
b. the date of the decision;
c. a sufficient description of the parties and their counsel;
d. in judgments, the Opinion of the parties.
3 The Memorandum includes: a. at
judgments: the actual and legal description of the suspect to the alleged conduct, the justification of the sanctions, the side-effects and the costs and damages;
b. other procedures must do, decisions: the reasons for the proposed discharge of the procedure.
4 The dispositive contains:
a. the name of the legal provisions applied;
b. in judgments, the decision on guilt and penalty, costs and damages and any civil actions;
c. other procedures must do, decide: the order on the execution of the procedure;
d. the subsequent judicial decisions;
e. the decision about the side effects;
f. the name of the persons and authorities who receive a copy of the ruling or the apparatus.
Article 82 Limitations of the obligation
1 The trial court to dispense with a written explanation if: a. oral
justified the verdict, and
b. not a prison sentence of more than two years, a protest under Article 64 of the Criminal Code, a treatment under Article 59, paragraph 3 of the Criminal Code or, at the same time to be revoked due to sanctions, deprivation of liberty of more than two years pronounce.
2 The court subsequently served on the parties to reach an informed assessment, if: a.
a party so requests within 10 days of delivery of dispositive;
b. one party takes an appeal.
3 requires only the private prosecutor stem an informed assessment or to take them alone an appeal, the court justified the verdict only in proportion as this relates to the criminal conduct to the detriment of the private prosecutor and to stem their civil rights.
4, On appeal, the court refer to the actual assessment of the accused and the facts on the grounds of the appeal.
Article 83 Explanation and correct decisions
1 Is the dispositive of a decision unclear, contradictory or incomplete, or is it on the ground in conflict, so does the criminal authority that made the decision, at the request of a party or ex officio, an explanation
or correction of decision.
2 The application must be submitted in writing to the disputed points or the changes are indicated.
3 The criminal authority gives the other parties an opportunity to comment on the petition.
4 explains the decision will be corrected or to the parties.
Article 80 differs according to the conventional terminology for the decisions on criminal proceedings in the matter, which undergo the process as judgments and decisions, which endure as decrees or decisions (paragraph 1). All decisions are to be adopted in principle in writing and justified (paragraph 2). Paragraph 3 provides for the possibility of conducting simple procedural decisions simply must be recorded and to dispense with a justification. The provision does not comment on when it is a simple decision is. It will be necessary to call on the one hand, that the decision does not significantly interfere with the rights of the parties or third parties. On the other hand, there must be probably a decision that which no legally complex considerations underlie, who sees thus virtually automatically. If paragraph 3 provides that such decisions to the parties to be opened in an appropriate manner, so that probably meant, an oral opening. Safe procedures for conducting the scheme is deciding which the court will take account of the trial and what appealed together with the ruling are. In the course of the preliminary restraint should only be made use of this provision.
Article 81 regulates the structure and content of final decisions. This one has been based on the date the federal government and the cantons in common and mostly uniform practice.
Article 82 provides for relief in two ways to state reasons. According to Section 1 - 3 can justify the trial court, the decision only verbally, if not imprisonment for 2 years, action under Article 59, paragraph 3 or custody pursuant to Article 64 of the Criminal Code is ordered. Section 4 allows the appeal on the reasoning of the lower court regarding factual and legal assessment of the accused refer to facts.
Article 83 provides for the identification and correction of decisions. This institute is also virtually all previous criminal procedure known. The clarification or correction can be ordered ex officio or at the request of a party be. Unlike an appeal of the decision so that no material change is brought about. Nevertheless, an explanation or correction be approved in time is not unlimited time. Although Article 83 provides no time limit for the explanation or correction should be reasonable to only during the appeal period, respectively. the same period of notification of the written opinion will be allowed. From Section 4, after which the said decision or corrected the parties will be opened, it can be concluded that this opening triggers a new appeal period.
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