6th Section: Opening of the decisions and delivery
Article 84 of the opening of the decisions
1 Is the method public so the ruling opens up the court after the verdict advice orally and justified it short.
2 The court issued the parties at the end of the trial the verdict of dispositive or provide them to within 5 days.
3 Can the court make the decision immediately, it takes this as soon after as possible, opening up the decision in a rescheduled hearing. If the parties in this Case to a public verdict, so the dispositive them, the court immediately after the verdict.
4, the court must justify the verdict, it shall within 60 days, 90 days in exceptional cases, the suspect and the prosecutor explained to the complete sentence, the other parties only those parts of the appeal, in which their applications will be treated.
5 The authorities opened criminal proceedings conducting simple decisions or orders the parties in writing or orally.
6 Decision are in accordance with the provisions of the federal and cantonal laws, other authorities, and the lower court of appeal decisions, final Decide the extent necessary to inform the law enforcement and the criminal authorities.
Article 85 of the form of messages and the delivery
1 The law enforcement agencies use for their communications be in writing, unless this Act provides otherwise.
2 The service is effected by registered mail or otherwise, against a receipt, in particular by the police.
3 is established when the mission was taken by the addressee or the addressee or by an employee or in the same household, at least sixteen years old person answers. We reserve the right instructions
the criminal authorities, a statement of the addressee or the addressee personally served.
4 is also considered a means of: a.
for a registered mail item which has not been picked up: on the seventh day after the unsuccessful delivery attempt, if that person had to expect a delivery;
b. is held by personal delivery, if the addressee or the addressee refuses to accept this and the bearer of the bearer or: on the day of refusal.
Article 86 Electronic delivery
With the consent of the person made any notification electronically.
Article 87
an address for legal service announcements are the addressees of their domicile, habitual residence or their Served seating.
two parties and counsel with domicile, habitual residence or headquarters abroad have to call an address for legal service in Switzerland; reserved state which states that messages can be delivered directly.
3 Communication to parties who have appointed a lawyer to be legally served on them.
4 If a party to appear in person to a hearing or proceedings conduct themselves, so her message is delivered directly. The legal advice will be sent a copy.
Article 88 Public Notice
1 The service is effected by publication in the federal government or the Canton designated the Official Journal if: a.
is unknown whereabouts of the addressee or addressees and despite reasonable investigation can not be determined;
b. notification is impossible or would be with extraordinary intrigues;
c. has a party or his lawyer has his domicile, habitual residence or headquarters abroad is no address for legal service referred to in Switzerland.
2 The notification on the date of publication have been made.
3 of final decisions will only be released dispositive.
4 Adjustment orders and summonses are served as well without publication.
Article 84 regulates the opening of the Judgments. Basically, the opening sentence in the public process has to be made orally, unless the parties waive right to an oral opening sentence (paragraph 3). In the case of the oral ruling opening the parties afterward served on the verdict in writing posture. The appeal period shall begin to run with the opening sentence and thus triggered in the case of the oral opening sentence not only through the delivery of the written verdict dispositive. Section 4 presents in concrete terms of the requirement for the written verdict on. This period is 60 days. Exceptionally, a prolonged period of 90 days comes into play. This period is justified, but only in criminal cases of extraordinary complexity (embassy, FF. 2006, p. 1157). The message seems likely therefore that these deadlines must be strictly observed and are not merely approximate values. This will involve considerable practical implications for the allocation of personnel have the courts rule in some cantons, but in practice today before much longer periods.
Article 85 governs the service. That the statement in paragraph 4 Communication fiction reflects current federal-court jurisdiction.
Article 86 allows the consent of the person concerned the electronic delivery. This agreement can as in the case issued by professionally active lawyers in general nature.
Article 87 regulates the delivery home. This principle has to be in Switzerland, unless the counsel or the party may have to make their stay or residence in a country where Switzerland according to international agreement deliveries directly (paragraph 2). The purpose of this provision is to prevent that are needed for each service legal assistance procedures. This provision thus serves the need for speed. According to paragraph 3, the service at verbeiständeten parties to the legal counsel, unless the party has to appear in person or even a procedural act to make (Para 4).
Article 88 provides a further notification fiction. In three cases, the service is effected by means of official publication: an unknown residence of the addressee, the service is impossible or subject to extraordinary machinations (which may not be lightly taken), a party or counsel has domiciled abroad certainly no address for legal service in Switzerland and direct delivery to foreign countries is not allowed. In these three cases (and only then. S. Embassy, FF 2006, p. 1158) apply adjustment orders and penal orders without public publication served as a (para 4). Also Article 88 is to enforce the requirement for speed is that The date on which to decide but not through endless deliveries are delayed.
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