At the request of the accused or the public prosecutor or ex officio, the trial may be divided into two parts; in this event, it may be stipulated that:
in the first part of the proceedings, only the offence and the issue of the accused's guilt will be considered, and that in the second the consequences of conviction or acquittal shall be considered; or
in the first part of the proceedings, only the offence will be considered and in the second the issue of the accused's guilt together with the consequences of conviction or acquittal will be considered.
The following are responsible for the decision:
until the trial is opened: the director of proceedings;
after the trial is opened: the court.241
Fussnoten
- [241] Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
If the director of proceedings rejects the request for the trial to be divided into two parts, he or she shall notify the parties of this and provide a brief statement of the grounds. The request may be filed again at the trial.242
Fussnoten
- [242] Inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
The decision on the division of the trial is non-contestable.
In the event of the division of the proceedings, the personal circumstances of the accused may only be considered in the trial in the event of that the accused is found guilty, unless that the accused's personal circumstances are of significance in assessing the objective facts of the case or the state of mind of the accused.
The verdict shall be given following the deliberations, but it may only be contested in conjunction with the entire judgment.