progetti
ST.2007.38 ΓÇó Civil claims of plaintiffs 2-6 inadmissible under revised criminal procedure
ST.2007.38Altro tribunale4 dic 2007Confirmed
The court held that the lower court correctly refused to enter into the civil claims of plaintiffs 2-6. It stated that the earlier practice under Art. 36(3) last sentence aStP could not survive the revised Criminal Procedure Code of 1 July 1999. The new Arts. 43 ff. StP establish a simplified and uniform regime for civil claims and deliberately do not reserve the Victim Assistance Act under Art. 44(2) sentence 2 StP.
Arts. 43 ff. StP; Art. 44 Abs. 2 Satz 2 StP; admissibility of civil claims in criminal proceedings after revision of the cantonal code. The revised criminal procedure law introduced a uniform and simplified regime for civil claims and expressly anchored victim rights in cantonal procedural law. Earlier practice under Art. 36 Abs. 3 last sentence aStP cannot be maintained. The Victim Assistance Act is not reserved under Art. 44 Abs. 2 sentence 2 StP; the cantonal legislature intentionally omitted such a reservation (consid. 10).
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