A private claimant, with the exception of the victim, must on application by the accused lodge security in respect of the accused's probable costs arising from the civil claim if:
he or she is not domiciled or has no registered office in Switzerland;
he or she appears to be insolvent, in particular if bankruptcy proceedings have been opened or composition proceedings are ongoing or if certificates of loss have been issued;
for other reasons, there is reason to fear that the accused's claim could be seriously jeopardised or frustrated.
The director of proceedings for the court shall decide on the application.1He or she shall determine the amount of security and fix a time limit for its payment.
The security may be paid in cash or take the form of a guarantee from a bank permanently established in Switzerland.
It may be retrospectively increased, reduced or revoked.
Footnotes
Amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468;BBl 2019 6697). ↩
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