third Title: Parties and the other party
first Chapter: General Provisions
first Section: the concept and position
Article 104 Parties are 1
parties: a. the person accused
;
b. the private prosecutor issued;
c. in the main and on appeal: the public prosecutor.
two federal and cantonal authorities may grant further to safeguard the public interests, have full or limited party rights.
Article 105 of the other party are
1 Other party: a. the person injured
;
b. the person making the report;
c. the witness or the witness;
d. the respondent;
e. or experts;
f. or the procedural acts complained by any third party.
2 If affected in paragraph 1 to the proceedings directly in their rights, so they are entitled to the procedures necessary to safeguard their interests, rights of a party.
Article 106 process capability
1 The Party may make procedural only valid if it is able to act.
2 An incapacitated person is represented by its legal representative.
3 A judicious incapacitated person may exercise in addition to their legal representation, these procedural rights, the highly personal nature are.
The CHStPO different, as today's cantonal codes of criminal procedure, between the parties (Article 104) and other interested parties (Article 105). While the parties generally get all the procedural rights fully, the other parties that claim only insofar as necessary to safeguard their required by the crime or the criminal proceedings directly touched on interests. Thus, for example, the witness can exercise his right to refuse to testify and can by a house search or seizure interested parties require the sealing of information carriers or lodge complaint against the coercive measure.
Party status, in addition to the accused and the prosecutor at trial, only the private prosecutor shaft. Private prosecutor, the victim, who expressly to participate in criminal proceedings as criminal or civil action (Article 118 paragraph 1). This position comes the Criminal applicant automatically (Article 118 paragraph 2). Unlike some cantonal codes of criminal procedure provides for the CHStPO not restrict the rights before the private party plaintiff in the case that the prosecutor represents the prosecution in court. According to article 346 is the private prosecutor shaft thus argue in penalties.
Article 104 paragraph 2 empowers federal and cantonal authorities designated, public to protect interests have to give party status. Thus, for example, be granted to the Environmental Protection Agency in a criminal case for violation of environmental protection relevant criminal provisions (eg the EPA) or the Veterinary Office in a criminal conviction for violation of animal protection legislation, party status. Was also discussed, however, rejected the idea, even some privately organized clubs or associations to grant party status. This would contradict the state law enforcement monopoly. The imposition of the state criminal claim is subject to the prosecutor.
to the other parties in accordance with Article 105 of the Criminal Code:
victim is on facts, which protect individual rights, the victim directly, so the tatbeständlich injured. Damage is thus about the ownership of the proceeds of crime in the theft or handling stolen goods. But the tenant of a damaged object in property damage. No victim has come to the position only indirectly affected. example of insurance (see Schmid, Criminal Justice, p. 166 ff, para 503 -. 507). For offenses that primarily protect general public interests, even one who is regarded as victims, whose private interests are strongly affected directly. Damage is thus also about the owner or tenant of a damaged in an arson case, the Creditors in bankruptcy and debt offenses that exploited prostitutes in Article 195 of the Criminal Code, the see through property crimes victims in the case of forgery, which was used to commit the capital offense or wrong wrongly accused (see Schmid, supra, p. 168 f. , para. 508 et seq.)
the listing: This course will be practically no participation rights. He is not even, for example, based on the attitudes of criminal investigation (Article 321).
witness / informant: also this feeling out of the right to remain silent virtually no participation rights. However, they can take certain protective measures in claim (Article 149 et seq.)
The expert: This takes part in the proceedings so far as is necessary for the fulfillment of his order (for example, taking note of evidence).
The third complained of procedural acts: for example, the account holders to bank information and lock available (but probably not the bank).
Article 106 regulates the process capability. Unable to act may provide only highly personal process rights themselves, provided they are of sound mind. Moreover, they act through their legal representatives. Otherwise the necessary defense. According to Article 130 lit. c the accused must be defended necessary if it because of his physical or mental Condition or other reasons his procedural interests can not maintain adequate legal representation and this is not in the situation. Unless the accused is able to act, however, he may exercise his procedural rights in spite of necessary defense still itself, that act in addition to his own defense.
