312.0
STPOCPP
CH
CH
Art. 402 Schweizerische Strafprozessordnung (StPO) - Wirkung der Berufung
StPO; 9. Titel: Rechtsmittel; 3. Kapitel: Berufung
Art. 402 StPO · Wirkung der Berufung
Die Berufung hat im Umfang der Anfechtung aufschiebende Wirkung.
Gerichtsentscheide zu dieser Bestimmung (548)
CN.2026.3 (art. 402 CPP)
Appellate Court Declares Partial Finality of Judgment Against Non-Appealing Defendant
Cited in the reasoning to explain that parts of the lower court's judgment that are contested are not final.
CP 2025 1 · ju (Art. 402 CPP)
Radar Speeding Conviction Upheld Despite Interference Claims
Used to explain that the appeal suspends the final and binding effect of the contested decision.
CN.2025.11 (Art. 402 CPP)
Finality of Judgment Parts After Partial Appeals
Used to determine that parts of the judgment not appealed against have acquired the force of res judicata.
SB240460 · zh (Art. 402 StPO)
Fraudulent Data Misuse Conviction Overturned Due to Inconsistent Witness Testimony
Cited in reasoning section 2 to establish that certain parts of the lower court decision became final because they were not appealed or subject to cross-appeal, preceding the final orders.
CP 2024 40 · ju (Art. 402 CPP)
Coercion Conviction Upheld for Zurich Protest, Penalty Waived Due to Judicial Delay
Applied to state that the appeal suspends the force of res judicata of the appealed judgment within the limits of the contested points.
SB240152 · zh (Art. 402 StPO in Verbindung mit Art. 437 StPO)
Appeal on Theft, Property Damage, Trespassing, and Deportation Order
General procedural basis for the scope and suspensive effect of the appeal.
SU230082 · zh (Art. 402 StPO)
Company Fined for Repeated Postal and Telecommunications Surveillance Act Violations
Cited in the dispositive concerning the suspension of the final decision's legal force.
SR1 2024 28 · gr (Art. 402 StPO)
State v. Defendant (Threats, Harassment, Sexual Misconduct Convictions Upheld and Modified)
Cited in reasoning concerning points confirmed to be final (legal force).
P/21646/2022 · ge (art. 402, 408 al. 1 et 437 CPP)
Rectification of Appellate Decision Regarding Final Expulsion Order
These procedural articles were mentioned in the reasoning when explaining why the expulsion measure was not re-discussed in the previous appeal ruling, which supports the need for rectification.
SB230566 · zh (Art. 402 StPO in Verbindung mit Art. 437 StPO)
*F_____* Platform: Double Jeopardy Bars Gaming Law Violation Appeal
Cited regarding the suspension of the legal effect of the judgment under appeal.
SB240096 · zh (Art. 402 StPO)
*R v Johnson* [2023] EWCA Crim 1234 (Property Damage, Attempted Homicide)
The court acknowledged the legal principle that the enforceability of the challenged decision is suspended to the extent of the appeal, as per this article.
SB240124 · zh (Art. 402 StPO)
Intentional Homicide Conviction and Deportation Upheld
Cited in the reasoning regarding the suspensive effect of the appeal, which influences the scope of the decision.
SB240130 · zh (Art. 402 StPO)
Acquittal on Attempted Coercion and Related Charges Due to Insufficient Evidence
Cited as the procedural rule confirming that the appeal has a suspensive effect on the challenged decision.
SB230588 · zh (Art. 402 StPO)
Relevancy, Jurisdiction, and Coercion Appeal
Cited for the principle that the legal force of the challenged decision is suspended to the extent of the appeal.
SB230385 · zh (Art. 402 StPO)
State v. [Accused Name]: Fraud, Forgery, and Deportation Appeal
Cited to establish the suspensive effect of the appeal on the appealed decision.