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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 545Waiver of complaint.

Title I

In KraftAmtlicher Text

(1) When proceedings cannot be instituted except on the complaint of the private party, the complainant may, at any time before final judgment is delivered, waive his complaint.

(2) The party charged or accused may object to any such waiver, in which case the trial shall be proceeded with as if the complaint had not been waived.

(3) If the complaint is waived after the opening of the trial and it appears that the complaint is frivolous or vexatious, or made with the object of extorting money or other effects, or of making any other gain, the court may, notwithstanding the waiver, proceed to deliver judgment, acquitting the person charged or accused and directing that proceedings be instituted against the complainant, in accordance with the provisions of article 528: Provided that if the complaint does not amount to any of the offences specified in the said article, it shall be lawful for the court to sentence the complainant to detention or to a fine (multa or according to the gravity of the case. ammenda),

Änderungsgeschichte
  • Amended by VIII.1909.53