The court decides on pending civil claims in the event that it:
convicts the accused;
acquits the accused and the court is in a position to make a decision.
The civil claim shall be referred for civil proceedings if:
a. 58the criminal proceedings are abandoned;
abis. 59it cannot be settled under the summary penalty order procedure;
a. the criminal proceedings are abandoned or concluded by means of the summary penalty order procedure;
b. the private claimant has failed to justify or quantify the claim sufficiently;
c. the private claimant has failed to lodge security in respect of the claim;
d. the accused has been acquitted but the court is not in a position to make a decision.
Fussnoten
- [58] Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
- [59] Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
If a full assessment of the civil claim would cause unreasonable expense and inconvenience, the court may make a decision in principle on the civil claim and refer it for civil proceedings. If possible, the court shall rule on minor claims itself.
In cases involving the victim, the court may firstly decide solely on guilt and the penalty; thereafter the director of proceedings shall, following a further hearing of the parties, rule as a judge sitting alone on the civil claim, irrespective of its amount.