Commentaries: Art. 393

An appeal under this article is admissible against:
1. the rulings and the procedural acts of the police, public prosecutor and authorities responsible for prosecuting contraventions;
2. the rulings, decrees and procedural acts of courts of first instance, with the exception of decisions directing proceedings;
3. ¹ decisions of the compulsory measures court, unless this Code provides that they are final.
An Article 393 appeal may contest:
1. an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;
2. an incomplete or incorrect assessment of the circumstances of the case;
3. a decision that is inequitable.

Amended by No I 3 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27;BBl 2018 2827; 2022 687,1011). ↩

Art. 393