7th Section: Dates and Deadlines
Article 89 General provisions
1 Statutory time limits may not be extended.
2 gives the criminal proceedings are no vacations.
Article 90 and start calculating the time limits
a time-triggered by a release or the occurrence of an event to start the following day to run.
2 If the last day of the period on a Saturday, Sunday or at the place of the competent authority by the Federal criminal law or by the cantonal law recognized holiday, it ends on the next business day. The determining factor is the law of the canton in which the party or his lawyer or the residence is situated.
Article 91 deadlines
1 deadline met if the procedural act is performed by the last day with the competent authority.
two entries must be later than the last day of the deadline given by the criminal authorities or to pass their hands of the Swiss Post, the Swiss Code of diplomatic or consular office or, in the case of detained persons, the institutional circuit.
3 At the time of electronic transmission is maintained if the reception at the Law Enforcement has been confirmed by the last day of the period through their computer science system.
4 The period is also observed if the input by the last day of the period at a non-authorized Swiss Code of authority is received. This directs the entry immediately to the competent criminal authorities.
5 The deadline for a payment to a criminal authority is met if the amount passed by the last day of the period in favor of the criminal authority of the Swiss post office or a postal or bank account has been charged in Switzerland.
Article 92 Extension of time limits and shifting deadlines
The authorities may, ex officio or on application, extend the scheduled trial dates and deadlines of them move. The application must be submitted before the deadline and duly justified.
failure by Article 93 A party is in default, when a procedural act within the deadline, taking or failing to appear at a date.
Article 94 Recovery
1 If a party neglects a deadline and would you come up with a substantial and irreparable loss of rights arise, they can demand the restoration of the period and is to have to demonstrate that they meet at the default of not at fault.
2 The application must be submitted within 30 days after removal of Säumnisgrundes writing and shall provide to the Authority, in which would have the failed methods of action should be made. Within the same period, the procedure failed treatment will be made up.
3 The application has only a suspensive effect, if the competent authority granted them.
4 decides on the request of the criminal authority in a written procedure.
5 paragraphs 1-4 shall apply mutatis mutandis to missed appointments. If the recovery is granted, the procedures set line set a new date. The provisions on the safety procedures absence Reserved.
Art.89:
are in contrast to the court or the prosecution time limits to carry out party activities and the time limits set by the law not extended. Apply in criminal proceedings, no vacations. The applicable principle in criminal speeding up the procedure is paramount.
Article 90:
Section 1 provides that the period which is determined in days to run on the following day the time the triggering event begins.
Section 2 provides a legislative breakdown whereas the provisions is in fact contradictory. According to the first proposition is decisive for the determination of fristverlängernden holidays right in the place of law enforcement. The second sentence, however, shall ensure the address of the party or his representative who shall act within the deadline. What is true now, when the party and its representatives in each different cantons and residence, criminal proceedings are conducted again in another District? Example: Procedures Leading Canton, Canton Solothurn. The accused lives in the canton of Bern and his defense has headquarters in the canton of Zurich. Only can be prevailing in accordance with the proper interpretation of this provision is simply the law of the process leading Canton. The second sentence of paragraph 2 should be deleted without substitution. The law which applies at the point of the process leading authority will prevail in guided by federal criminal authorities procedures. If a criminal case, for example, through the Zurich branch of the federal prosecutor, shall apply to the canton Zurich law recognized holidays as a time prolonging. If the procedure is pending in federal criminal court, then the holiday from the canton of Ticino. The key test is whether a relevant days the relevant place of procedure leading authority is a state-recognized holiday. For example, the Boxing Day is for the cantonal law of 24 May 1964 on public rest days in the canton Solothurn is not recognized as a state holiday. So ends a period on Boxing Day, so make the appropriate party for action, even at face value the fact that the offices of the cantonal administration to this day are closed ( decision of the Federal Court, 25.7.2006).
Article 91: this scheme corresponds to the previous case.
Article 92: deadline extension requests must be made within the original period. A statutory period for the case that the competent authority rejects a deadline extension request is not provided. It is therefore appropriate, applications for extension of the deadline not until the last day of the period provide. However, it would be arbitrary, if the competent authority's decision on a deadline extension request, which is made several days before the deadline, until the last day of the period, and so rejects the party takes the opportunity to preserve the deadline after all.
Article 93 and 94 regulate such failure and the restoration of a period. Article 94, Section 1 was in Parliament g.ü. Draft aggravated by the recovery is only possible with completely involuntary delay. The draft would have allow the reconstructive even in the case of only slight fault or want.
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