311.0
Swiss Criminal Code
(SCC)
of 21 December 1937 (Status as of 1 January 2026)
Preamble
The Federal Assembly the Swiss Confederation,
based on Article 123 paragraphs 1 and 3 of the Federal Constitution1,2
and having considered a Federal Council Dispatch dated 23 July 19183,
decrees:
Book One4 General Provisions
Part One Felonies and Misdemeanours
Title One Scope of Application
1. No penalty without a law
Art. 1
A penalty or measure may only be imposed for an act that has been expressly declared to be an offence by law.
2. Commencement of applicability of the Code
Art. 2
This Code applies to any person who commits a felony or misdemeanour following the date on which it comes into force.
Any person who commits a felony or misdemeanour prior to this Code coming into force is only subject to its terms in the event that the penalty hereunder is less than the penalty that would otherwise apply.
3. Territorial scope of application
Art. 3 Felonies or misdemeanours in Switzerland
Any person who commits a felony or misdemeanour in Switzerland is subject to this Code.
If the person concerned has served a sentence in full or in part for the offence in another country, the Swiss court must take the sentence served into account in determining the sentence to be imposed.
If the person concerned has been prosecuted in a foreign country at the request of the Swiss authorities, then unless the offence involves a gross violation of the principles of the Federal Constitution or the Convention from 4 November 19505 for the protection of Human Rights and Fundamental Freedoms (ECHR), the person shall not be prosecuted in Switzerland for the same offence if:
they have been acquitted by the foreign court and the judgment has taken full legal effect;
the penalty to which they have been sentenced in the foreign country has been served, remitted or become time barred.
If the person prosecuted abroad at the request of the Swiss authorities has not served the sentence or has only served it in part, the whole sentence or the remainder shall be served in Switzerland. The court decides whether a measure that has not been executed abroad or has only been served in part must be executed or continued in Switzerland.
Art. 4 Felonies or misdemeanours against the state committed abroad
This Code also applies to any person who commits a felony or misdemeanour in a foreign country against the Swiss state or its national security (Art. 265–278).
If the person concerned has been convicted of the offence and has served the sentence in full or in part in another country, the court shall take the sentence served into account in determining the sentence to be imposed.
Art. 5 Offences against minors abroad6
This Code also applies to any person who is in Switzerland, is not being extradited and has committed any of the following offences abroad:
a. 7trafficking in human beings (Art. 182), indecent assault (Art. 189 paras 2 and 3), rape (Art. 190 paras 2 and 3), abuse of persons incapable of proper judgment or resistance (Art. 191) or encouraging prostitution (Art. 195) if the victim was less than 18 years of age;
abis. 8sexual acts with dependent persons (Art. 188) and sexual acts with minors against payment (Art. 196);
b. sexual acts with children (Art. 187) if the victim was less than 14 years of age;
c. 9aggravated pornography (Art. 197 para. 3 and 4) if the items or recordings depict sexual acts with minors.
Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR10, the person concerned is not liable to further prosecution in Switzerland for the offence if:
he has been acquitted of the offence abroad in a legally binding judgment;
the sentence that was imposed abroad has been served, remitted, or become time barred.
If the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. The court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in Switzerland.
Art. 6 Offences committed abroad prosecuted in terms of an international obligation
Any person who commits a felony or misdemeanour abroad that Switzerland is obliged to prosecute in terms of an international convention is subject to this Code provided:
the act is also liable to prosecution at the place of commission or no criminal law jurisdiction applies at the place of commission; and
the person concerned remains in Switzerland and is not extradited to the foreign country.
The court determines the sentence so that overall, the person concerned is not treated more severely than would have been the case under the law at the place of commission.
Unless the offence involves a gross violation of the principles of the Federal Constitution and of the ECHR11, the person concerned is not liable to further prosecution in Switzerland if:
he has been acquitted of the offence abroad in a legally binding judgment;
the sentence that was imposed abroad has been served, remitted, or become time barred.
If the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. The court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in Switzerland.
Art. 7 Other offences committed abroad
Any person who commits a felony or misdemeanour abroad where the requirements of Articles 4, 5 or 6 are not fulfilled is subject to this Code if:
the offence is also liable to prosecution at the place of commission, or the place of commission is not subject to criminal law jurisdiction;
the person concerned is in Switzerland or is extradited to Switzerland due to the offence; and
under Swiss law extradition is permitted for the offence, but the person concerned is not being extradited.
If the person concerned is not Swiss and if the felony or misdemeanour was not committed against a Swiss person, paragraph 1 is applicable only if:
the request for extradition was refused for a reason unrelated to the nature of the offence; or
the offender has committed a particularly serious felony that is proscribed by the international community.
The court shall determine the sentence so that overall, the person concerned is not treated more severely than would have been the case under the law at the place of commission.
Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR12, the person concerned is not liable to further prosecution in Switzerland for the offence if:
he has been acquitted of the offence abroad in a legally binding judgment;
the sentence that was imposed abroad has been served, remitted, or become time barred.
If the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. The court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in Switzerland.
Art. 8 Place of commission
A felony or misdemeanour is considered to be committed at the place where the person concerned commits it or unlawfully omits to act, and at the place where the offence has taken effect
An attempted offence is considered to be committed at the place where the person concerned attempted it and at the place where they intended the offence to take effect.
4. Personal scope of application
Art. 9
This Code does not apply to persons whose offences are subject to military criminal law.
For persons who have not attained the age of 18 at the time of the offence, the provisions of the Juvenile Criminal Law Act of 20 June 200313 (JCLA) are reserved. Where an offence committed before and after attaining the age of 18 must be judged, Article 3 paragraph 2 JCLA applies.14
Title Two Criminal Liability
1. Felonies and misdemeanours
Art. 10 Definition
In this Code, felonies are distinguished from misdemeanours according to the severity of the penalties that the offence carries.
Felonies are offences that carry a custodial sentence of more than three years.
Misdemeanours are offences that carry a custodial sentence not exceeding three years or a monetary penalty.
Art. 11 Commission by omission
A felony or misdemeanour may also be committed by a failure to comply with a duty to act.
A person fails to comply with a duty to act if they do not prevent a legal interest protected under criminal law from being exposed to danger or from being harmed even though, due to their legal position, they have a duty to do so, in particular on the basis of:
the law;
a contract;
a risk-bearing community entered into voluntarily; or
the creation of a risk.
Any person who fails to comply with a duty to act shall be liable to prosecution only if, on the basis of the elements of the offence concerned, their conduct is, in the circumstances, as culpable as it would have been had they actively committed the offence.
The court may reduce the sentence.
2. Intention and negligence
Art. 12 Definitions
Unless the law expressly provides otherwise, a person is only liable to prosecution for a felony or misdemeanour if they commit it intentionally.
A person commits a felony or misdemeanour intentionally if that person carries out the act in the knowledge of what they are doing and in accordance with their will. A person acts intentionally as soon as they regard the realisation of the act as being possible and accept this.
A person commits a felony or misdemeanour through negligence if that person fails to consider or disregards the consequences of their conduct due to a culpable lack of care. A lack of care is culpable if the person fails to exercise the care that is incumbent on them in the circumstances and commensurate with their personal capabilities.
Art. 13 Error of fact
If the person concerned acts under an erroneous belief as to the circumstances, the court shall judge the act according to the circumstances as the offender believed them to be.
If the person concerned could have avoided the error had they exercised due care, they shall be liable to prosecution for their negligent act provided the negligent commission of the act is an offence.
3. Lawful acts and guilt
Art. 14 Act permitted by law
Any person who acts as required or permitted by the law, acts lawfully even if the act carries a penalty under this Code or another Act.
Art. 15 Legitimate self-defence
If any person is unlawfully attacked or threatened with imminent attack, the person attacked and any other person are entitled to ward off the attack by means that are reasonable in the circumstances.
Art. 16 Mitigatory self-defence
If a person in defending themselves exceeds the limits of self-defence as defined in Article 15 and in doing so commits an offence, the court shall reduce the sentence.
If a person in defending themselves exceeds the limits of self-defence as a result of excusable excitement or panic in reaction to the attack, they do not commit an offence.
Art. 17 Legitimate act in a situation of necessity
Any person who carries out an act that carries a criminal penalty in order to save a legal interest of their own or of another from immediate and not otherwise avertable danger, acts lawfully if by doing so they safeguard interests of higher value.
Art. 18 Mitigatory act in a situation of necessity
Any person who carries out an act that carries a criminal penalty in order to save themselves or another from immediate and not otherwise avertable danger to life or limb, freedom, honour, property or other interests of high value shall receive a reduced penalty if they could reasonably have been expected to abandon the endangered interest.
If the person concerned could not have been reasonably expected to abandon the endangered interest, they do not commit an offence.
Art. 19 Absence of legal responsibility due to a mental disorder and diminished responsibility
If the person concerned was unable at the time of the act to appreciate that their act was wrong or to act in accordance with this appreciation of the act, they are not liable to a penalty.
If the person concerned was only partially able at the time of the act to appreciate that their act was wrong or to act in accordance with this appreciation of the act, the court shall reduce the sentence.
Measures in accordance with Articles 59–61, 63, 64, 67, 67b and 67e may, however, be taken.15
If it was possible for the person concerned to avoid their own state of mental incapacity or diminished responsibility and if they had done so to foresee the act that may be committed in that state, paragraphs 1–3 do not apply.
Art. 20 Doubt as to legal responsibility
If there are serious grounds for believing that the accused may not be legally responsible due to a mental disorder, the investigating authority or the court shall order a specialist report from an expert.
Art. 21 Error as to unlawfulness
Any person who is not and cannot be aware that, by carrying out an act, they are acting unlawfully, does not commit an offence. If the error was avoidable, the court shall reduce the sentence.
4. Attempts
Art. 22 Criminal liability for attempts
If, having embarked on committing a felony or misdemeanour, the offender does not complete the criminal act or if the result required to complete the act is not or cannot be achieved, the court may reduce the penalty.
If the offender fails to recognise through a serious lack of judgement that the act cannot under any circumstances be completed due to the nature of the objective or the means used to achieve it, no penalty is imposed.
Art. 23 Withdrawal and active repentance
If the person concerned of their own accord does not complete the criminal act or if they assist in preventing the completion of the act, the court may reduce the sentence or waive any penalty.
If two or more persons carry out or participate in a criminal act, the court may reduce the sentence or waive any penalty in respect of any person concerned who, of their own accord, assists in preventing the completion of the act.
The court may also reduce the sentence or waive any penalty in respect of a person who withdraws from carrying out or participating in a criminal act if the withdrawal of the person concerned would have prevented the completion of the act had it not remained uncompleted for other reasons.
If one or more of the persons carrying out or participating in a criminal act makes a serious effort to prevent the completion of the act, the court may reduce the sentence or waive any penalty if an offence is committed irrespective of the efforts of that person or persons.
5. Participation
Art. 24 Incitement
Any person who has intentionally incited another to commit a felony or a misdemeanour, provided the offence is committed, incurs the same penalty as applies to the person who has committed the offence.
Any person who attempts to incite someone to commit a felony incurs the penalty applicable to an attempt to commit that felony.
Art. 25 Complicity
Any person who intentionally assists another to commit a felony or a misdemeanour shall be liable to a reduced penalty.
Art. 26 Participation in a special offence
If criminal liability is established or increased by a special obligation on the part of the offender, a participant shall be liable to a reduced penalty.
Art. 27 Personal circumstances
Special personal conditions, characteristics and circumstances that increase, reduce or exclude criminal liability are taken into account in the case offenders or participants to which they apply.
6. Criminal liability of the media
Art. 28
If an offence is committed and completed through publication in a medium, then, subject to the following provisions, only the author shall be liable to prosecution.
If the author cannot be identified or cannot be brought to court in Switzerland, then the editor responsible in accordance with Article 322bis shall be liable to prosecution. If there is no responsible editor, then the person responsible for publication in accordance with Article 322bis shall be liable for prosecution.
If the publication has taken place without the knowledge or against the will of the author, then the editor or, in the editor’s absence, the person responsible for publication shall be liable to prosecution as the offender.
The accurate reporting of public talks and official communications from a public authority may not be made subject to prosecution.
Art. 28a Protection of sources
If persons who are professionally involved in the publication of information in the editorial section of a periodical medium or their auxiliary personnel refuse to give evidence as to the identity of the author or as to the content and sources of their information, they are not liable to any penalty nor to any procedural law enforcement measures.
Paragraph 1 does not apply if the court16 holds that:
the evidence is required in order to save a person from immediate danger to life or limb; or
17without the evidence, a case of homicide under Articles 111–113 or a different felony that carries a minimum custodial sentence of three years, or an offence under Articles 187, 189–191, 197 paragraph 4, 260ter, 260quinquies, 260sexies,305bis, 305ter or 322ter–322septies of this Code or under Article 19 paragraph 2 of the Narcotics Act of 3 October 195118 will not be solved or the persons suspected of committing the said offence may not be apprehended.
7. Agency relationships
Art. 29
A special obligation, the violation of which establishes or increases criminal liability, and which is incumbent only on the legal entity, the company or the sole proprietorship19, is attributed to a natural person, if that person acts:
as a governing officer or as a member of a governing officer of a legal entity;
as a partner;
as an employee with independent decision-making authority in their field of activity within a legal entity, a company or a sole proprietorship20; or
without being a governing officer, member of a governing officer, partner or employee, as the de facto manager.
8. Criminal complaint
Art. 30 Right to file a complaint
If an act shall be liable to prosecution only if a complaint is filed, any person who suffers harm due to the act may request that the person responsible be prosecuted.
If the person suffering harm does not have the legal capacity to act, that person’s legal representative is entitled to file a complaint. If the person is under guardianship or subject to a general deputyship, the adult protection authority is also entitled to file a complaint.21
If the person suffering harm is a minor or if they are subject to a general deputyship, the person is entitled to file a complaint if they are capable of judgement.22
If the person suffering harm dies without filing the criminal complaint or without expressly waiving their right to file the criminal complaint, the person’s next of kin are entitled to file the complaint.
If an entitled person expressly waives their right to file a complaint, their waiver is final.
Art. 31 Time limit for filing a complaint
The right to file a complaint expires after three months. The period begins on the day that the person entitled to file a complaint discovers the identity of suspect.
Art. 32 Indivisibility
If an entitled person files a complaint against one person who participated in the act, all the participants become liable to prosecution.
Art. 33 Withdrawal of a complaint
The person entitled to file a complaint may withdraw the complaint at any time before notice is given of the judgment of the second cantonal instance.
Any person who has withdrawn their complaint may not file it again.
If the entitled person withdraws their complaint against one suspect, the withdrawal applies to all suspects.
If a suspect objects to the withdrawal of a complaint against them, the withdrawal does not apply to them.
Title Three Sentences and Measures
Chapter One Sentences
Section One Monetary Penalties and Custodial Sentences23
1. Monetary penalty
Art. 34 Assessment
Unless the law provides otherwise, a monetary penalty amounts to a minimum of three and a maximum of 180 daily penalty units.24 The court decides on the number according to the culpability of the offender.
A daily penalty unit normally amounts to a minimum of 30 francs and a maximum of 3000 francs.25 The court may reduce the value of the daily penalty unit to 10 francs if the offender’s personal or financial circumstances so require.26 It may decide on a value in excess of the maximum value of the daily penalty unit if the law so permits. It decides on the value of the daily penalty unit according to the personal and financial circumstances of the offender at the time of conviction, and in particular according to their income and capital, living expenses, any maintenance or support obligations and the minimum subsistence level.27
The authorities of the Confederation, the cantons and the communes shall provide the information required to determine the daily penalty unit.
The number and value of the daily penalty units must be stated in the judgment.
Art. 35 Execution
The executive authority shall specify that the offender make payment within a period of between one and six months.28 It may stipulate payment by instalments and on request may extend the period allowed.
If there is justified suspicion that the offender will fail to pay the monetary penalty, the executive authority may request immediate payment or the provision of security.
If the offender fails to pay the monetary penalty within the specified period, the executive authority shall instruct the debt collection proceedings provided their success is expected.
Art. 36 Alternative custodial sentence
In the event that the offender fails to pay the monetary penalty and it is not recoverable through debt collection procedures (Art. 35 para. 3), the offender shall serve a custodial sentence as the alternative to the monetary penalty. A daily penalty unit corresponds to one day in custody. The retrospective payment of the monetary penalty leads to a corresponding reduction in the alternative custodial sentence.
If the monetary penalty has been imposed by an administrative authority, the court decides on the alternative custodial sentence.
…29
2. …
Art. 37–3930
3. Custodial sentence
Art. 4031 Term
The minimum term of a custodial sentence is three days; a shorter custodial sentence in lieu of an unpaid monetary penalty (Art. 36) or fine (Art. 106) is reserved.
The maximum term of a custodial sentence is 20 years. Where the law expressly provides, the custodial sentence is for life
Art. 4132 Custodial sentence instead of a monetary penalty
The court may impose a custodial sentence instead of a monetary penalty if:
a custodial sentence appears appropriate in order to prevent the offender from committing further felonies or misdemeanours; or
it is anticipated that it will not be possible to enforce a monetary penalty.
The court must explain why it has decided to impose a custodial sentence.
The right is reserved to impose a custodial sentence instead of an unpaid monetary penalty (Art. 36).
Section Two Suspended and Partially Suspended Sentences
1. Suspended sentences
Art. 42
The court shall normally suspend the execution of a monetary penalty or a custodial sentence of no more than two years unless an unsuspended sentence appears to be necessary in order to prevent the offender from committing further felonies or misdemeanours.33
If the offender received a suspended or unsuspended custodial sentence of more than six months within the five years prior to the offence, the sentence may only be suspended where the circumstances are especially favourable.34
The suspension of the execution of a sentence may also be refused if the offender has failed to make a reasonable effort to compensate for any loss or damage they may have caused.
A suspended sentence may be combined with a fine in accordance with Article 106.35
2. Partially suspended custodial sentences36
Art. 43
The court may partially suspend the execution of a custodial sentence of at least one year and no more than three years if this is necessary in order to take sufficient account of the culpability of the offender.37
The part of the sentence that must be executed immediately may not exceed one half of the sentence.
Both the suspended and the unsuspended part must amount to at least six months.38 The provisions on the granting of parole (Art. 86) do not apply to the unsuspended part of the sentence.
3. General provisions
Art. 44 Probationary period
If the court suspends the execution of a sentence in full or in part, it shall make the offender subject to a probationary period of from two to five years.
The court may order probation assistance and impose conduct orders for the duration of the probationary period.
The court shall explain the importance and the consequences of the suspended and partially suspended sentence to the offender.
The probationary period begins on notification of the judgment that is enforceable.39
Art. 45 Successful completion of probation
If the offender is of good conduct until the expiry of the probationary period, the postponed sentence is not executed.
Art. 46 Breach of probation
If the offender commits a felony or misdemeanour during the probationary period and if it therefore must be expected that they will commit further offences, the court shall revoke the suspended sentence or the suspended part of the sentence. If the revoked sentence and the new sentence are of the same type, they shall form a cumulative sentence in analogous application of Article 49.40
If it is not expected that the offender will commit further offences, the court shall not revoke the suspended sentence. It may admonish the offender or extend the probationary period by up to one half of the duration specified in the judgment. The court may order probation assistance and impose conduct orders for the duration of the extended probationary period. If the extension begins after the expiry of the probationary period, the extended period begins on the day that it is ordered.
The court that judges the new felony or misdemeanour also decides on revocation.
If the offender fails to attend for probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 apply.
Revocation may no longer be ordered if three years have elapsed since the expiry of the probationary period.
Section Three Determination of the Sentence
1. Principle
Art. 47
The court determines the sentence according to the culpability of the offender. It takes account of the previous conduct and the personal circumstances of the offender as well as the effect that the sentence will have on the offender’s life.
Culpability is assessed according to the seriousness of the damage or danger to the legal interest concerned, the reprehensibility of the conduct, the offender's motives and aims, and the extent to which the offender, in view of the personal and external circumstances, could have avoided causing the danger or damage.
2. Mitigation of the sentence
Art. 48 Grounds
The court shall reduce the sentence if:
the offender acted:
for honourable motives,
while in serious distress,
while of the view that they were under serious threat,
at the behest of a person whom they were duty bound to obey or on whom they were dependent;
the offender was seriously provoked by the conduct of the person suffering injury;
the offender acted in a state of extreme emotion that was excusable in the circumstances or while under serious psychological stress;
the offender has shown genuine remorse, and in particular has made reparation for the injury, damage or loss caused, insofar as this may reasonably be expected of them;
the need for punishment has been substantially reduced due to the time that has elapsed since the offence, and the offender has been of good conduct in this period.
Art. 48a Effect
If the court chooses to reduce the sentence, it is not bound by the minimum penalty that the offence carries.
The court may impose a different form of penalty from that which the offence carries, but remains bound by the statutory maximum and minimum levels for that form of penalty.
3. Concurrent sentencing
Art. 49
If the offender, by committing one or more offences, has fulfilled the requirements for two or more penalties of the same form, the court shall impose the sentence for the most serious offence at an appropriately increased level. It may not, however, increase the maximum level of the sentence by more than half, and it is bound by the statutory maximum for that form of penalty.
If the court must pass sentence on an offence that the offender committed before they were sentenced for a different offence, it shall determine the supplementary penalty so that the offender is not more severely punished than they would have been had the sentences been imposed at the same time.
If the offender committed one or more offences before reaching the age of 18, the court shall determine the cumulative sentence in accordance with paragraphs 1 and 2 such that it is not more severe than it would have been had sentences been imposed separately.
4. Obligation to justify
Art. 50
Where a judgment must be justified, the court shall also specify the circumstances taken into account in determining the sentence and their weighting.
5. Taking account of time spend on remand
Art. 51
When determining the sentence, the court shall take account of any time spent on remand that the offender has served in respect of the proceedings in question or any other proceedings. One day in detention corresponds to one daily penalty unit of a monetary penalty.41
Section Four Exemption from Punishment and the Suspension and Abandonment of Proceedings42
1. Grounds for exemption from punishment
Art. 52 No need for a penalty43
The competent authority shall refrain from prosecuting the offender, bringing them to court or punishing them if the level of culpability and consequences of the offence are negligible.
Art. 5344 Reparation
If the offender has made reparation for the loss, damage or injury or made every reasonable effort to right the wrong that they have caused, the competent authority shall refrain from prosecuting them, bringing them to court or punishing them if:
a suspended custodial sentence not exceeding one year, a suspended monetary penalty or a fine are suitable as a penalty;
the interest in prosecution of the general public and of the persons harmed are negligible; and
the offender has admitted the offence.
Art. 54 Effect on the offender of their act
If the offender is so seriously affected by the immediate consequences of their act that a penalty would be inappropriate, the responsible authorities shall refrain from prosecuting them, bringing them to court or punishing them.
2. General provisions
Art. 55
The court shall refrain from revoking a suspended sentence and in the case of the parole from a recall if the requirements for an exemption from punishment are met.
The cantons designate the bodies responsible for the administration of criminal justice as the competent authorities under Articles 52, 53 and 54.
3. Suspension and abandonment of proceedings.
Art. 55a46 Spouse, registered partner or life partner as victim45
In a case of common assault (Art. 123 no 2 para. 3–5), repeated acts of aggression (Art. 126 para. 2 let. b, bbis and c), threatening behaviour (Art. 180 para. 2) and coercion (Art. 181), the public prosecutor or the court may suspend the proceedings if:47
48the victim:
is the spouse of the offender and the offence was committed during the marriage or within a year of divorce, or
is the registered partner of the offender and the offence was committed during the registered partnership or within a year of its dissolution, or
is the hetero- or homosexual partner of the offender or the ex-partner of the offender if they have been separated for less than a year; and
49the victim or, if they lack legal capacity, their legal representative requests this to be done; and
50suspension appears appropriate in order to stabilise or improve the victim’s situation.
The public prosecutor or the court may during the period of suspension require the accused to attend a course on violence prevention. The public prosecutor or the court shall notify the authority or organisation competent under cantonal law for matters relating to domestic violence about the measures taken.51
Suspension is not permitted if:
the accused has been convicted of a felony or misdemeanour against life and limb, against liberty, or against sexual integrity;
the accused has received a sentence or been made subject to a measure; and
the victim of the offence is a person listed in paragraph 1 letter a.52
Suspension is limited to six months. The public prosecutor or the court shall resume the proceedings if the victim or, if they lack legal capacity, their legal representative requests this to be done or it transpires that the suspension has neither stabilised nor improved the victim’s situation.53
Before the suspension ends, the public prosecutor or the court shall conduct an assessment. If the victim’s situation has stabilised or improved, it shall order the abandonment of the proceedings.54
Chapter Two Measures
Section One Therapeutic Measures and Indefinite Incarceration
1. Principles
Art. 56
A measure is ordered if:
a penalty alone is not sufficient to counter the risk of further offending by the offender;
the offender requires treatment, or treatment is required in the interest of public safety; and
the requirements of Articles 59–61, 63 or 64 are fulfilled.
The ordering of a measure requires that the related intervention in the personal rights of the offender is not unreasonable in view of the probability and seriousness of additional offences.
In ordering a measure under Articles 59–61, 63 and 64 and in modifying the sanction in accordance with Article 65, the court shall base its decision on an expert assessment. This shall provide an opinion on:
the necessity and the prospects of success of any treatment of the offender;
the nature and the probability of possible additional offences; and
the ways in which the measure may be implemented.
If the offender has committed an offence in terms of Article 64 paragraph 1, the assessment must be conducted by an expert who has neither treated the offender before nor been responsible in any other way for the offender’s care.
If consideration is given to ordering lifelong incarceration in accordance with Article 64 paragraph 1bis, the court shall base its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for the offender’s care.55
Normally the court only orders a measure if a suitable institution is available.
Where the requirements for a measure are no longer fulfilled, it is revoked.
Art. 56a Concurrent measures
If two or more measures are equally suitable but only one is necessary, the court shall order the measure that is more convenient for the offender.
If two or more measures are necessary, the court may order these concurrently.
Art. 57 Relationship between measures and penalties
If the requirements for both a penalty and a measure are fulfilled, the court shall order both sanctions.
The implementation of a measure under Articles 59–61 takes precedence over a custodial sentence that is imposed at the same time, or which is executed through revocation of a suspended sentence or recall to custody. Likewise, the reactivation of the execution of a measure in accordance with Article 62a takes precedence over a cumulative sentence imposed at the same time.
The deprivation of liberty associated with the measure must be taken into account in determining the penalty.
Art. 58 Implementation
…56
The therapeutic institutions in terms of Articles 59–61 must be managed separately from penal institutions.
2. In-patient therapeutic measures
Art. 59 Treatment of mental disorders
If the offender is suffering from a serious mental disorder, the court may order in-patient treatment if:
the offender's mental disorder was a factor in a felony or misdemeanour that they committed; and
it is expected that the measure will reduce the risk of further offences being committed in which the offender’s mental disorder is a factor.
The in-patient treatment is carried out in an appropriate psychiatric institution or therapeutic institution.
If there is a risk of the offender absconding or committing further offences, the offender shall be treated in a secure institution. They may also be treated in a penal institution in accordance with Article 76 paragraph 2, provided it is guaranteed that the required therapeutic treatment can be provided by specialist staff.57
The deprivation of liberty associated with in-patient treatment normally amounts to a maximum of five years. If the requirements for parole have not yet been fulfilled after five years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which the offender’s mental disorder is a factor, the court may at the request of the executive authority order the extension of the measure for a maximum of five years in any case.
Art. 60 Treatment of addiction
If the offender is dependent on addictive substances or in any other way dependent, the court may order in-patient treatment if:
the offender's dependence was a factor in the felony or misdemeanour that they committed; and
it is expected that treatment will reduce the risk of further offences being committed in which the offender’s dependence is a factor.
The court shall take account of the offender's request for and readiness to undergo treatment.
The treatment is carried out in a specialised institution or, if necessary, in a psychiatric hospital. It must be adjusted to the offender’s special needs and state of health.
The deprivation of liberty associated with in-patient treatment shall normally amount to a maximum of three years. If the requirements for parole have not yet been fulfilled after three years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which the offender’s dependence is a factor, the court may at the request of the executive authority on one occasion only order the extension of the measure for a maximum of one further year. In the event of an extension and the recall to custody following parole, the deprivation of liberty associated with the measure may not exceed a maximum of six years.
Art. 61 Measures for young adults
If the offender was under 25 years of age at the time of the offence and if they are suffering from a serious developmental disorder, the court may commit them to an institution for young adults if:
the offender's developmental disorder was a factor in the felony or misdemeanour that they committed; and
it is expected that the measure will reduce the risk of further offences being committed in which the offender’s developmental disorder is a factor.
Institutions for young adults must be managed separately from other institutions and facilities under this Code.
The offender should be taught the skills needed to live independently and without further offending. In particular, they should be encouraged to undergo basic and advanced vocational and professional training.
The deprivation of liberty associated with the measure amounts to a maximum of four years. In the event of the recall to custody following release on parole, it may not exceed a maximum of six years. The measure must be revoked when the offender reaches the age of 30.
If the offender was convicted of an offence committed before reaching 18 years of age, the measure may be implemented in an institution for minors.
Art. 62 Parole
The offender is released on parole from undergoing an in-patient measure as soon as their condition justifies their being given the liberty to prove themselves.
In the case of release on parole from a measure under Article 59, the probationary period amounts to one to five years, and in the case of release on parole from a measure under Articles 60 and 61, from one to three years.
The person released on parole may be required to undergo out-patient treatment during the probationary period. The executive authority may order probation assistance and issue conduct orders for the duration the probationary period.
If on expiry of the probationary period, a continuation of the out-patient treatment, the probation assistance or the conduct orders is considered necessary in order to reduce the risk of further felonies and misdemeanours being committed that are associated with the condition of the person released on parole, the court may at the request of the executive authority extend the probationary period as follows:
by one to five years in the case of release on parole from a measure in accordance with Article 59;
by one to three years in the case of release on parole from a measure under Articles 60 and 61.
The probationary period following release on parole from a measure under Articles 60 and 61 may not exceed six years.
If the offender has committed an offence in terms of Article 64 paragraph 1, the probationary period may be extended as often as is considered necessary to prevent further such offences being committed.
Art. 62a Breach of probation
If a person released on parole commits an offence during the probationary period and thus demonstrates that the risk that the measure was intended to reduce is still present, the court assessing the new offence may, after consulting the executive authority:
order that person’s recall to custody;
revoke the measure and, provided the relevant requirements are fulfilled, order a new measure; or
revoke the measure and, provided the relevant requirements are fulfilled, order the execution of a custodial sentence.
If as a result of the new offence the requirements for an unsuspended custodial sentence are fulfilled and if this sentence runs concurrently with a custodial sentence that has been suspended to give precedence to the measure, the court shall impose a cumulative sentence in application of Article 49.
If as a result of the conduct of the person released on parole during the probationary period there is a serious expectation that the person could commit an offence in terms of Article 64 paragraph 1, the court that ordered the measure may, at the request of the executive authority, order a recall to custody.
For a measure under Article 59, the recall to custody is for a maximum period of five years, and for measures under Articles 60 and 61 for a maximum period of two years.
If the court decides against a recall to custody or a new measure, it may:
admonish the person released on parole;
order out-patient treatment or probation assistance;
impose conduct orders on the person released on parole; and
extend the probationary period by from one to five years in the case of a measure under Article 59, and by from one to three years in the case of a measure under Articles 60 and 61.
If the person released on parole fails to comply with the terms of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies.
Art. 62b Final release
If the person released on parole successfully completes the probationary period, they shall be granted final release.
The offender is granted final release if the maximum duration of a measure under Articles 60 and 61 is reached and the requirements for the parole apply.
If deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is not executed.
Art. 62c Termination of a measure
A measure is terminated, if:
its implementation or continuation appears to have no prospect of success;
the maximum duration under Articles 60 and 61 has been reached and the requirements for the parole do not apply; or
a suitable institution does not exist or no longer exists.
If the deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is executed. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended.
Instead of ordering the execution of the sentence, the court may order another measure if it is to be expected that such a measure will reduce the risk of the offender committing further felonies and misdemeanours in which their condition is a factor.
If there is a serious expectation that if a measure ordered in respect of an offence in terms of Article 64 paragraph 1 is terminated, the offender will commit further such offences, the court may at the request of the executive authority order the offender’s indefinite incarceration.
If the competent authority regards an adult protection measure to be appropriate on the termination of the measure, it shall inform the adult protection authority of this.58
Furthermore, the court may terminate an in-patient therapeutic measure before or during its implementation and order another in-patient therapeutic measure in its place if it is expected that the new measure has a significantly better chance of reducing the risk of the offender committing further felonies and misdemeanours in which their condition is a factor.
Art. 62d Consideration of release and the termination of measures
The competent authority shall on request or ex officio consider whether and when the offender should be released on parole from the implementation of the measure or whether the measure should be terminated. It shall decide on such matters at least once each year. It shall first grant a hearing to the offender and obtain a report from the governing body of the relevant institution.
If the offender committed an offence in terms of Article 64 paragraph 1, the competent authority shall reach its decision on the basis of the expert opinion of an independent specialist and after hearing a committee comprising representatives of the prosecution services, the execution authorities and one or more psychiatrists. The specialists and psychiatrists concerned must not be those responsible for the treatment or care of the offender.
3. Out-patient treatment
Art. 63 Requirements and implementation
If the offender is suffering from a serious mental disorder or if they are dependent on addictive substances or in any other way, the court may order that they receive out-patient rather than in-patient treatment if:
the offender commits an offence in which their condition is a factor; and
it is expected that the measure will reduce the risk of further offences being committed in which the offender’s condition is a factor.
The court may defer the execution of an unsuspended custodial sentence imposed at the same time, a suspended custodial sentence due for execution following revocation of suspension and the remainder of a sentence due for execution following a recall to custody to give precedence to out-patient treatment in order to take account of the form of the treatment. It may order probation assistance and issue conduct orders for the duration the treatment.
The competent authority may order the offender to be treated temporarily as an in-patient if this is required in order to initiate the out-patient treatment. The period of in-patient treatment may not exceed two months.
The period of out-patient treatment may not normally exceed five years. If the continuation of the out-patient treatment is considered necessary at the end of the five-year period in order to reduce the risk of further felonies and misdemeanours in which a mental disorder is a factor, the court may at the request of the executive authority continue the treatment for a further period of from one to five years.
Art. 63a Termination of the measure
The competent authority shall assess at least once each year whether the out-patient treatment should be continued or terminated. It shall first grant a hearing to the offender and obtain a report from the therapists.
The out-patient treatment is terminated by the competent authority if:
it has been successfully completed;
its continuation appears to have no prospect of success; or
the statutory maximum duration for the treatment of an alcohol, drug or therapeutic product dependent person has been reached.
If the offender commits a further offence during the out-patient treatment and thus demonstrates that this form of treatment will probably be unsuccessful in averting the risk offences being committed in which the condition of the offender is a factor, the unsuccessful treatment shall be terminated by order of the court assessing the new offence.
If the offender fails to comply with the conditions of probation assistance or if they disregard the conduct orders, Article 95 paragraphs 3–5 applies.
Art. 63b Execution of the suspended custodial sentence
If the out-patient treatment has been successfully completed, the suspended custodial sentence is not executed.
If out-patient treatment is terminated due to there being no prospect of success (Art. 63a para. 2 let. b), the statutory maximum duration being reached (Art. 63a para. 2 let. c) or its being unsuccessful (Art. 63a para. 3), the suspended custodial sentence is executed.
If out-patient treatment conducted while the offender is at liberty is considered a risk to third parties, the suspended custodial sentence is executed and the out-patient treatment continued while the custodial sentence is being served.
The court decides on the extent to which the deprivation of liberty associated with the out-patient treatment is taken into account in determining the custodial sentence. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended.
Instead of the execution of the sentence the court may order an in-patient therapeutic measure under Articles 59–61 if it is to be expected that this will reduce the risk of the offender committing further felonies or misdemeanours in which their condition is a factor.
4. Indefinite incarceration
Art. 64 Requirements and execution
The court shall order indefinite incarceration if the offender has committed murder, intentional homicide, serious assault, rape, robbery, hostage taking, arson, endangering life or another offence that carries a maximum sentence of five or more years by which the offender has caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person, and if:59
due to the offender’s personality traits and general personal circumstances and the circumstances of the offence, it is seriously expected that they will commit further offences of the same type; or
due to a permanent or long-term mental disorder of considerable gravity that was a factor in the offence, it is seriously expected that the offender will commit further offences of the same type and the ordering of a measure in accordance with Article 59 does not promise any success.
The court shall order lifelong incarceration if the offender has committed murder, intentional homicide, serious assault, robbery, rape, indecent assault, false imprisonment or abduction, hostage-taking, enforced disappearance of persons, trafficking in human beings, genocide, or a felony under the heading of crimes against humanity or war crimes (Title Twelve) and if the following requirements are met:60
the offender, by committing the offence, caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person.
There is a high probability that the offender will commit one of these felonies again.
The offender is assessed as being permanently untreatable, as the treatment offers no long-term prospect of success.61
The execution of the custodial sentence takes priority over indefinite incarceration. The provisions on parole in relation to the custodial sentence (Art. 86–88) do not apply.62
If during the execution of the custodial sentence, it is expected that the offender will prove to be of good behaviour when at liberty, the court shall order parole from the custodial sentence at the earliest from the time when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence. The court that ordered indefinite incarceration is responsible for the decision on parole. In addition, Article 64a applies.63
Indefinite incarceration is executed in a therapeutic institution or in a penal institution in accordance with Article 76 paragraph 2. Public safety must be guaranteed. The offender receives psychiatric care if this is necessary.
Art. 64a Revocation and release
The offender shall be released on parole from indefinite incarceration in accordance with Article 64 paragraph 1 as soon as it is expected that they will be of good behaviour when at liberty.64 The probationary period amounts to two to five years. For the duration of the probationary period, probation assistance may be ordered and conduct orders may be imposed.
If on expiry of the probationary period a continuation of the probation assistance or the conduct orders is considered to be necessary in order to reduce the risk of further offences in terms of Article 64 paragraph 1, the court may at the request of the executive authority extend the probationary period by a further two to five years.
If due to the offender’s conduct during the probationary period, it is seriously expected that the offender may commit further offences in terms of Article 64 paragraph 1, the court at the request of the executive authority shall order their recall to custody.
If the offender when released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies.
If the offender when released on parole is of good behaviour until the expiry of the probationary period, they shall be granted final release.
Art. 64b65 Consideration of release
The competent authority shall consider on request or ex officio:
at least once annually, and for the first time after two years have lapsed, whether and when the offender may be released on parole from indefinite incarceration (Art. 64a para. 1);
at least every two years, and for the first time before indefinite incarceration takes effect, whether the requirements for an in-patient therapeutic treatment have been fulfilled and whether a related application should therefore be made to the competent court (Art. 65 para. 1).
The competent authority makes its decisions in terms of paragraph 1 based on:
a report from the institution board;
an independent specialist assessment in terms of Article 56 paragraph 4;
its hearing of a committee in accordance with Article 62d paragraph 2;
its hearing of the offender.
Art. 64c66 Consideration of release from lifelong incarceration and parole
In cases of lifelong incarceration under Article 64 paragraph 1bis the competent authority shall consider ex officio or on application whether there are any new scientific findings that lead to the expectation that the offender can be treated so that they will no longer pose a risk to the public. It decides on the basis of a report from the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration.
If the competent authority concludes that the offender can be treated, it shall offer them the option of treatment. Treatment is carried out in a secure institution. Until the order imposing lifelong incarceration has been revoked in accordance with paragraph 3, the provisions on the execution of lifelong incarceration continue to apply.
If the treatment demonstrates that the risk posed by the offender has been considerably reduced and may be reduced to the extent that they no longer pose a risk to the public, the court shall revoke the order imposing lifelong incarceration and order an in-patient therapeutic measure in accordance with Articles 59–61 in a secure institution.
The court may grant the offender parole from lifelong incarceration if they no longer pose a risk to the public due to old age, serious illness or on other grounds. Parole is governed by Article 64a.
The court that ordered lifelong incarceration is responsible for deciding whether parole should be granted. It bases its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for their care.
Paragraphs 1 and 2 also apply during the execution of the custodial sentence that precedes lifelong incarceration. Lifelong incarceration shall be revoked in accordance with paragraph 3 at the earliest when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence.
5. Modification of the sanction
Art. 65
If an offender fulfils the requirements for an in-patient therapeutic measure in terms of Articles 59–61 before or during the execution of a custodial sentence or of indefinite incarceration in accordance with Article 64 paragraph 1, the court may order this measure retrospectively.67 The competent court is the court that imposed the sentence or ordered indefinite incarceration. The execution of any remainder of the sentence is deferred.
If during the execution of the custodial sentence, new information or evidence comes to light to the effect that the requirements for indefinite incarceration are fulfilled and already applied at the time of conviction although the court could not have had knowledge of this, the court may order indefinite incarceration retrospectively. Jurisdiction and procedure are determined by the rules that apply to a review (Arts 410−415 Criminal Procedure Code68).69 70
Section Two Other Measures
1. Good behaviour bond
Art. 66
If there is the risk that a person will commit a felony or misdemeanour that they have threatened to commit, or if a person convicted of a felony or of a misdemeanour indicates the clear intention to repeat the offence, the court may, at the request of the person threatened, obtain a promise from the offender that they will not commit the offence and require them to deposit appropriate security therefor.
If the offender refuses to make the promise or maliciously fails to deposit the security within the specified period, the court may require them to make the promise or deposit the security by imposing a period of detention for security reasons. The period of detention for security reasons may not be for more than two months. It is executed in the same way as a short custodial sentence (Art. 7971).
If the offender commits the felony or the misdemeanour within two years of depositing the security, the security is forfeited to the State. If no offence is committed, the security is returned.
1a. Expulsion.
a. Mandatory expulsion
Art. 66a72
The court shall expel foreign nationals from Switzerland for a period of 5–15 years if they are convicted of any of the following offences, irrespective of the sentence imposed:
a. intentional homicide (Art. 111), murder (Art. 112), manslaughter (Art. 113), inciting and assisting suicide (Art. 115), illegal abortion (Art. 118 para. 1 and 2);
b. 73serious assault (Art. 122), female genital mutilation (Art. 124 para. 1), abandonment (Art. 127), endangering life (Art. 129), attack (Art. 134), representations of violence (Art. 135 para. 1 second sentence);
c. 74aggravated misappropriation (Art. 138 no 2), aggravated theft (Art. 139 no 3), robbery (Art. 140), fraud for commercial gain (Art. 146 para. 2), computer fraud for commercial gain (Art. 147 para. 2), misuse of a cheque card or credit card for commercial gain (Art. 148 para. 2), aggravated extortion (Art. 156 para. 2–4), profiteering for commercial gain (Art. 157 no 2), handling stolen goods for commercial gain (Art. 160 no 2);
d. theft (Art. 139) in conjunction with unlawful entry (Art. 186);
e. fraud (Art. 146 para. 1) related to social insurance or social assistance, unlawful claims for social insurance or social assistance benefits (Art. 148a para. 1);
f. 75fraud (Art. 146 para. 1), fraud in relation to administrative services and charges (Art. 14 para. 1–3 of the Federal Act of 22 March 197476 on Administrative Criminal Law) or tax fraud, misappropriation of taxes deducted at source, or any other offence related to public charges that carries a maximum penalty of a one-year custodial sentence or more;
g. forced marriage, forced registered partnership (Art. 181a), trafficking in human beings (Art. 182), false imprisonment and abduction (Art. 183), aggravated false imprisonment and abduction (Art. 184), hostage taking (Art. 185);
h. 77sexual acts with children (Art. 187 nos 1 and 1bis), sexual acts with dependent persons (Art. 188), indecent assault (Art. 189 paras 2 and 3), rape (Art. 190), sexual acts with persons incapable of proper judgement or resistance (Art. 191), exploitation of a person in a position of need or of dependency (Art. 193), deception as to the sexual character of an act (Art. 193a), encouraging prostitution (Art. 195), pornography (Art. 197 para. 4 second sentence);
i. 78arson (Art. 221 para. 1 and 2), intentionally causing an explosion (Art. 223 para. 1 no 1), misuse of explosives and toxic gases with felonious intent (Art. 224 para. 1), intentionally causing danger intentionally but without felonious intent (Art. 225 para. 1), manufacture, concealment and transport of explosives and toxic gases (Art. 226), causing danger by means of nuclear energy, radioactivity and ionising radiation (Art. 226bis), preparatory offences (Art. 226ter), intentionally causing a flood or collapse (Art. 227 para. 1 no 1), intentional criminal damage to electrical installations, and hydraulic or protective structures (Art. 228 no 1 para. 1), causing danger by breaching construction regulations (Art. 229 para. 1), removal or non-installation of safety devices (Art. 230 no 1);
j. 79intentionally causing danger by means of genetically modified or pathogenic organisms (Art. 230bis para. 1), transmission of human diseases (Art. 231), intentional contamination of drinking water (Art. 234 para. 1);
k. 80disruption of public traffic (Art. 237 no 1);
l. 81acts preparatory to the commission of an offence (Art. 260bis para. 1 and 3), participation in or support for a criminal or terrorist organisation (Art. 260ter), endangering public safety with weapons (Art. 260quater), financing terrorism (Art. 260quinquies) or recruiting, training and travelling with the intention of committing a terrorist offence (Art. 260sexies);
m.. genocide (Art. 264), felonies against humanity (Art. 264a), serious violations of the Geneva Conventions of 12 August 194982 (Art. 264c), other war crimes (Art. 264d–264h);
n. intentional violations of Article 116 paragraph 3 or Article 118 paragraph 3 of the Foreign Nationals Act of 16 December 200583;
o. violation of Articles 19 paragraph 2 or 20 paragraph 2 of the Narcotics Act of 3 October 195184 (NarcA);
p. 85violation of Article 74 paragraph 4 of the Intelligence Service Act of 25 September 201586 (IntelSA).
The court may by way of exception refrain from ordering expulsion if it would cause serious personal hardship to the foreign national concerned and the public interest in expulsion does not outweigh the private interest of the foreign national in remaining in Switzerland. In such cases, account must be taken of the special position of foreign nationals who were born or have grown up in Switzerland.
The court may also refrain from ordering expulsion if the offence was committed in justifiable self-defence (Art. 16 para. 1) or in a justifiable situation of necessity (Art. 18 para. 1).
b. Non-mandatory expulsion
Art. 66abis87
The court may expel a foreign national from Switzerland for 3–15 years if that person is convicted and sentenced or made subject to a measure under Articles 59–61 or 64 for a felony or misdemeanour that is not listed in Article 66a.
c. Common provisions. Repeat offence
Art. 66b88
Any person who has been made subject to an expulsion order who commits a further offence that meets the requirements for expulsion under Article 66a shall be expelled again for 20 years.
Lifelong expulsion may be ordered if the offender commits the new offence while the previous expulsion order is still in effect.
d. Time of enforcement
Art. 66c89
The expulsion order applies from the date on which the judgment becomes legally enforceable.
Before enforcing the expulsion order, any unsuspended sentences or parts thereof and any custodial measures must be executed.
The expulsion order is enforced as soon as the offender is conditionally or finally released from the execution of criminal penalties or measures or the custodial measure is revoked, provided that the remainder of sentence need not be executed and no other such measure has been ordered.
If a person subject to an expulsion order is transferred to their home country for the execution of criminal penalties or measures, the expulsion order applies on such transfer.
The duration of expulsion is calculated from the day on which the offender leaves Switzerland.
e. Deferring enforcement of mandatory expulsion
Art. 66d90
The enforcement of a mandatory expulsion order under Article 66a may only be deferred if:91
the person concerned is recognised by Switzerland as a refugee and, if expelled, their life or freedom would be endangered due to their race, religion, nationality, affiliation to a specific social group or their political views; the foregoing does not apply to a refugee who may not invoke the ban on refoulement under Article 5 paragraph 2 of the Asylum Act of 26 June 199892;
expulsion would violate other mandatory provisions of international law.
In reaching its decision, the competent cantonal authority must reasonably believe that expulsion to a state deemed safe by the Federal Council in accordance with Article 6a paragraph 2 of the Asylum Act of 26 June 1998 does not violate Article 25 paragraphs 2 and 3 of the Federal Constitution.
2. Prohibition from carrying on an activity, contact prohibition and exclusion order
a. Prohibition from carrying on an activity, requirements
Art. 6793
If a person has committed a felony or misdemeanour while carrying on a professional activity or an organised non-professional activity, and has as a result received a custodial sentence in excess of six months, and if there is a risk that they will exploit their activity in order to commit a further felony or misdemeanour, the court may prohibit the person concerned totally or partially from carrying on this activity or comparable activities for a period of six months to five years.94
If a person has committed a felony or misdemeanour against a minor or another especially vulnerable person and if there is a risk that in carrying on a professional activity or an organised non-professional activity that involves regular contact with any minors or with other especially vulnerable persons the person will commit further offences of this nature, the court may prohibit them from carrying on the activity concerned for one to ten years.
The court may impose a lifelong prohibition order under paragraph 2 if is anticipated that the offender will still represent a danger after the period of ten years. At the request of the executive authority, it may extend a prohibition order that is limited in time in terms of paragraph 2 by a maximum of five years on any one occasion if this is deemed necessary to prevent the offender from committing further felonies and misdemeanours of the type that led to the prohibition order.95
If a person receives a sentence or is made subject to a measure under Articles 59–61, 63 or 64 for any of the following offences, the court shall prohibit that person for the rest of their life from carrying on any professional activity or organised non-professional activity that involves regular contact with any minors:
trafficking in human beings (Art. 182) where the offence was committed for the purpose of the sexual exploitation of a minor;
sexual acts with children (Art. 187), sexual acts with dependent persons (Art. 188) or sexual acts with minors against payment (Art. 196);
96sexual abuse and indecent assault (Art. 189), rape (Art. 190), abuse of a person incapable of proper judgement or resistance (Art. 191), exploitation of a person in a position of need or dependency (Art. 193), deception as to the sexual character of an act (Art. 193a), indecent exposure (Art. 194), encouraging prostitution (Art. 195), unauthorised passing on of private sexual content (Art. 197a) or sexual harassment (Art. 198), where the offence is committed against or in front of a minor;
pornography (Art. 197):
under Article 197 paragraph 1 or 3,
under Article 197 paragraph 4 or 5, where the content of the items or recordings involved sexual acts with minors.97
If a person receives a sentence or is made subject to a measure under Articles 59–61, 63 or 64 for any of the following offences, the court shall prohibit them from carrying on any professional activity or organised non-professional activity that involves regular contact with especially vulnerable adult persons, as well as any professional activity or organised non-professional activity in the health sector that involves direct contact with patients:
trafficking in human beings (Art. 182) where the offence was committed for the purpose of the sexual exploitation, sexual abuse and indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of proper judgement or resistance (Art. 191), exploitation of a person in a position of need or dependency (Art. 193), deception as to the sexual character of an act (Art. 193a), indecent exposure (Art. 194), encouraging prostitution (Art. 195), unauthorised passing on of private sexual content (Art. 197a) or sexual harassment (Art. 198), where the offence is committed against or in front of:98
an especially vulnerable adult victim, or
an adult victim who is not especially vulnerable, but who was incapable of resistance or of judgement or who was unable to defend him- or herself as a result of physical or psychological dependence;
pornography (Art. 197 para. 2 first sentence and para. 4 or 5), where the items or recordings had the following content:
sexual acts with especially vulnerable adult victims, or
sexual acts with adult victims who are not especially vulnerable, but who were incapable of resistance or of judgement or who were unable to defend themselves as a result of physical or psychological dependence.99
By way of exception, the court may choose not to impose a prohibition order under paragraph 3 or 4 in particularly minor cases if a prohibition order of this type does not appear necessary to prevent the offender from committing further offences of the same type. A prohibition order is however mandatory if the offender:
100has been convicted of trafficking in human beings (Art. 182), indecent assault (Art. 189 paras 2 and 3), rape (Art. 190 paras 2 and 3), sexual acts with persons incapable of proper judgement or resistance (Art. 191) or encouraging prostitution (Art. 195); or
is a paedophile in accordance with the internationally recognised classification criteria.101
If the offender receives a sentence or is made subject to a measure for two or more offences in the same proceedings, the court shall specify what portion of the sentence or which measure applies to an offence that entails an activity prohibition order. This portion of the sentence, the measure and the offence are decisive in determining whether an activity prohibition order under paragraph 1, 2, 2bis, 3 or 4 is imposed. The sentence portions for two or more relevant offences are added together. More than one activity prohibition order may be imposed.102
The court may order probation assistance for the duration of the prohibition orders.103
…104
Art. 67a105 Content and scope
Professional activities within the meaning of Article 67 are activities in exercise of a principal or secondary profession or trade or of a commercial enterprise. Organised non-professional activities are activities that are not or not primarily carried on for pecuniary gain and which are carried on in the context of an association or other organisation.
The prohibition from carrying on an activity under Article 67 includes activities that the offender carries on on a self-employed basis, as a governing officer of a legal entity or commercial enterprise or in another capacity that must be recorded in the commercial register, or as the agent or representative of another person or which the offender arranges to be carried on by a person dependent on their instructions.106
If there is a risk that the offender will also exploit their activity in order to commit offences if they are subject to the orders and control of a superior or supervisor, the offender shall be totally prohibited from carrying on the activity.
Prohibition orders under Article 67 paragraphs 3 and 4 always apply to the entire activity.
The following are deemed to be activities with regular contact with minors or with other especially vulnerable persons:
activities that directly and specifically involve minors or other especially vulnerable persons, and in particular:
teaching or training,
parenting or counselling,
care or supervision,
nursing,
physical examination or treatment,
psychological examination or treatment,
preparing and serving meals,
transport,
the direct sale or loan of objects intended specifically for minors or other particularly vulnerable persons, and acting as a direct intermediary in such sales or loans, where this is the main activity of the person concerned;
other activities that are primarily or repeatedly carried on in institutions that offer the services listed under letter a, with the exception of activities where it is ensured at the location or time concerned that no contact with minors or other especially vulnerable persons can take place.107
Especially vulnerable persons are persons who because of their age, an illness or long-term physical, mental or psychological impairment are dependent on help from others in their daily activities or way of living.108
b. Contact prohibition and exclusion order
Art. 67b109
If a person has committed a felony or misdemeanour against one or more specific persons or against persons in a specific group, and if there is a risk that the person concerned will commit further felonies or misdemeanours in the event of having contact with such persons, the court may impose a contact prohibition and exclusion order of up to five years.
By means of a contact prohibition and exclusion order the court may prohibit the offender from:
contacting one or more specific persons or persons in a specific group directly or via third parties, in particular by telephone, in writing or online, or employing, accommodating, educating, caring for such persons or associating with such persons in any other way;
approaching a specific person or coming within a specific distance of that person’s home;
being present in specific locations, in particular specific streets, areas or districts.
The competent authority may use technical devices that are securely attached to the offender in order to enforce the prohibition order. These devices may in particular serve to determine the offender’s location.
The court may order probation assistance for the duration of the prohibition order.
On application from the executive authority, it may extend limited prohibition orders by a maximum of five years in each case if this is necessary to prevent the offender from committing further felonies and misdemeanours against minors or other especially vulnerable persons.
c. Common provisions
Art. 67c110 Enforcement of prohibition orders
A prohibition order comes into effect on the day on which the judgment takes full legal effect.
The duration of a custodial sentence or of a custodial measure (Art. 59–61 and 64) is not taken into account in determining the term of the prohibition order.
If the offender fails to complete the probationary period successfully and if the suspended custodial sentence is executed or a recall to custody is ordered in respect of a sentence or measure, the term of the prohibition order is calculated from the day on which the offender is released on parole or granted final release or on which the sanction is revoked or remitted.
If the offender completes the probationary period successfully, the competent authority shall decide on any modification of the conditions or term of the prohibition order under Article 67 paragraph 1 or Article 67b, or on whether the prohibition order should be revoked.
The offender may apply to the competent authority for a modification of the conditions or term of the prohibition order, or to have the prohibition order revoked:
in the case of a prohibition order under Article 67 paragraph 1 or under Article 67b: after the order has been in force for two years;
in the case of a limited prohibition order under Article 67 paragraph 2: after half of the term of the prohibition order, provided the order has been in force for at least three years;
111…
112in the case of a lifelong prohibition order under Article 67 paragraph 2bis: after the order has been in force for ten years.
If it is considered unlikely that the offender will commit any further felonies or misdemeanours by misusing an activity or by having contact with specific persons of a specific group to and the offender has provided reasonable compensation for the loss, damage or injury caused, the competent authority shall revoke the prohibition order in cases falling under paragraph 4 or 5.
Prohibition orders under Article 67 paragraphs 3 or 4 may not revoked.113
If the offender breaches an activity prohibition order or a contact prohibition and exclusion order or if they fail to comply with the associated probation assistance, or if such assistance cannot be provided or is no longer required, the competent authority shall submit a report to the court or the executive authority. The court or the executive authority may revoke or make a new order for probation assistance.
The executive authority may order probation assistance for the entire duration of the prohibition from carrying on an activity or the contact and exclusion order.114
If the offender fails to comply with the probation assistance during a probationary period, Article 95 paragraphs 4 and 5 apply.
If the offender breaches an activity prohibition order or a contact prohibition and exclusion order during a probationary period, Article 294 and the provisions on revoking a suspended sentence or the suspended part of a sentence and on a recall to custody in respect of a sentence or measure apply.
Art. 67d115 Modification of a prohibition order or subsequent imposition of a prohibition order
If it becomes apparent during the term of an activity prohibition order or a contact prohibition and exclusion order that in the offender’s case an extension of the prohibition order or an additional such prohibition order is required, the court may on application from the executive authority extend the prohibition order or impose an additional prohibition order.
If it becomes apparent during a custodial sentence or a custodial measure that in the offender’s case a prohibition order under Article 67 paragraph 1 or 2 or under Article 67b is required, the court may impose this prohibition order on application from the executive authority.
3. Disqualification from driving
Art. 67e116
If the offender has used a motor vehicle in order to commit a felony or misdemeanour and where there is a risk of re-offending, the court, in addition to imposing a sentence or measure under Articles 59–64, may order that the offender forfeit their provisional or full driving licence for a period of between one month and five years.
Art. 67f117
4. Publication of the judgment
Art. 68
If publication of a criminal judgment is required in the public interest, or in the interests of the person harmed or of the complainant, the court shall order publication at the expense of the offender.
If publication of an acquittal or of a ruling of the prosecution service abandoning proceedings is required in the public interest, or in the interests of the acquitted person or former suspect, the court shall order publication at State expense or at the expense of the complainant.
Publication is made in the interests of the person harmed, complainant, acquitted person or former suspect only if such persons so request.
The court decides on the form and extent of publication.
5. Forfeiture
a. Forfeiture of dangerous objects
Art. 69
The court shall, irrespective of the criminal liability of any person, order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence in the event that such objects constitute a future danger to public safety, morals or public order.
The court may order that the objects forfeited be rendered unusable or be destroyed.
b. Forfeiture of assets
Art. 70 Principles
The court shall order the forfeiture of assets that have been acquired through the commission of an offence or that are intended to be used in the commission of an offence or as payment therefor, unless the assets are passed on to the person harmed for the purpose of restoring the prior lawful position.
Forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided they have paid a consideration of equal value therefor or forfeiture would cause them to endure disproportionate hardship.
The right to order forfeiture is limited to seven years; if, however, the prosecution of the offence is subject to a longer limitation period, this period also applies to the right to order forfeiture.
Official notice must be given of forfeiture. The rights of persons harmed or third parties expire five years after the date on which official notice is given.
If the amount of the assets to be forfeited cannot be ascertained, or may be ascertained only by incurring a disproportionate level of trouble and expense, the court may make an estimate.
Art. 71 Equivalent claim
If the assets subject to forfeiture are no longer available, the court may uphold a claim for compensation by the State in respect of a sum of equivalent value, which claim may be enforced against a third party only if this is not excluded by Article 70 paragraph 2.
The court may dismiss an equivalent claim in its entirety or in part if the claim is likely to be unrecoverable or if the claim would seriously hinder the rehabilitation of the person concerned.
…118
Art. 72119 Forfeiture of assets of a criminal or terrorist organisation
The court shall order the forfeiture of all assets that are subject to the power of disposal of a criminal or terrorist organisation. In the case of the assets of a person who participates in or supports such an organisation (Art. 260ter), it is presumed that the assets are subject to the power of disposal of the organisation until the contrary is proven.
6. Use for the benefit of the person harmed
Art. 73
If as a result of a felony or misdemeanour a person has suffered harm and is not entitled to benefits under an insurance policy, and if it is anticipated that the offender will not pay damages or satisfaction, the court shall award the person harmed, at that person’s request, a sum of money up to the amount of damages or satisfaction set by a court or agreed in a settlement with the person harmed and obtained from:
the monetary penalty or fine paid by the offender;
objects and assets that have been forfeited, or the proceeds of their sale after deduction of expenses;
compensatory claims;
the amount of the good behaviour bond.
The court may order such an award only if the person harmed assigns the corresponding element of their claim to the State.
The cantons shall provide a simple and quick procedure for cases where their courts are not entitled to make an award of this nature in a criminal judgment.
Title Four Execution of Custodial Sentences and Custodial Measures
1. Principles
Art. 74
The human dignity of the prison inmates or of the inmates of an institution for the execution of measures must be respected. Their rights may only be limited to the extent that that is required for the deprivation of their liberty and their co-existence in the penal institution.
2. Execution of custodial sentences
Art. 75 Principles
The execution of sentences must encourage an improvement in the social behaviour of the prison inmates, and in particular their ability to live their lives without offending again. The conditions under which sentences are executed must correspond as far as possible with those of normal life, guarantee the supervision of the prison inmates, counteract the harmful consequences of the deprivation of liberty and take appropriate account of the need to protect the general public, the institution staff and other inmates.
…120
The institution rules shall provide that a sentence management plan be drawn up in consultation with the prison inmate. This plan in particular contains details of the supervision offered, the opportunities to work and receive basic or advanced training, making reparation, relations with the outside world and preparations for release.
The prison inmate must actively cooperate in resocialisation efforts and the preparations for release.
Account is taken of the gender-specific concerns and needs of the prison inmates.
If the prison inmate is released on parole or granted final release and it subsequently comes to light that on their release, they were subject to another executable judgment imposing a custodial sentence, execution of that custodial sentence is waived if:
it was not executed concurrently with the other custodial sentence for a reason within the control of the executive authorities;
the prison inmate was able to assume in good faith that on their release they were not subject to another executable judgment imposing a custodial sentence; and
the reintegration of the prison inmates would be prejudiced.
Art. 75a121 Special security measures
The Commission under Article 62d paragraph 2 shall, with a view to a transfer to an open penal institution and the authorisation of a relaxation in the execution of the sentence, assess the danger to the community of the offender if:
they have committed a felony in terms of Article 64 paragraph 1; and
the executive authority cannot satisfactorily answer the question of whether they are a danger to other prison inmates.
Relaxation of the execution of the sentence involves easing the regime for the deprivation of liberty, in particular by means of a transfer to an open institution, the granting of release on temporary licence, the authorisation of day release employment or of external accommodation and the granting of parole.
Danger to the community is assumed if there is a risk that the prison inmate will abscond and commit a further offence that severely prejudices the physical, psychological or sexual integrity of another person.
Art. 76 Place of execution
Custodial sentences are executed in a secure or open penal institution.
Prison inmates shall be admitted to a secure penal institution or to the secure section of an open penal institution if there is a risk that that they will abscond, or it is expected that they will commit further offences.
Art. 77 Normal execution
Prison inmates normally spend their working, rest and leisure time in the institution.
Art. 77a Day release employment and external accommodation
The custodial sentence is executed in the form of day release employment if the prison inmate has served part of the custodial sentence, normally a minimum one half, and it is not expected that they will abscond or commit further offences.
In day release employment, prison inmates work outside the institution and spends their rest and leisure time in the institution. The change to day release employment normally takes place following an appropriate period spent in an open institution or the open section of a secure institution. Work outside the institution may also include housework and caring for children.
Where prison inmates prove to be of good behaviour in day release employment, the further execution of the sentence takes the form of external accommodation and day release employment. Here the prison inmates live and work outside the institution but remain under the supervision of the executive authority.
Art. 77b122 Semi-detention
At the offender’s request, a custodial sentence of no more than 12 months or the remainder of a sentence after taking account of time spent on remand of no more than six months may be served in the form of semi-detention provided:
it is not anticipated that the offender will abscond or commit further offences; and
the offender does regulated work or training or is similarly occupied for at least 20 hours a week.
Prison inmates shall work, be trained or similarly occupied outside the institution and spend their rest and leisure time in the institution.
Semi-detention may be served in a special section of a remand centre provided the offender is guaranteed the required supervision.
If the offender no longer meets the authorisation requirements or if they fail to comply with the conditions of semi-detention imposed by the executive authority despite being warned to do so, the custodial sentence shall be served in the normal manner.
Solitary confinement
Art. 78
Solitary confinement in the form of uninterrupted separation from other prison inmates may only be ordered:
for a maximum of one week at the start of the sentence in order to initiate the execution of the sentence;
for the protection of the prison inmate or of third parties;
as a disciplinary sanction;
123to prevent other prison inmates from being influenced by ideas that may encourage them to carry out terrorist activities, provided there is specific evidence of such an influence.
Art. 79124
Art. 79a125 Community service
If it is not anticipated that the offender will abscond or commit further offences, the following sentences may be served in the form of community service:
a custodial sentence of no more than six months;
the remainder of a sentence of no more than six months after taking account of time spent on remand; or
a monetary penalty or a fine.
Community service is not permitted as a means of serving an alternative custodial sentence.
Community service is work that benefits social institutions, public works or persons in need. The work is unpaid.
Four hours of community service correspond to one day of a custodial sentence, one daily penalty unit of a monetary penalty or one day of an alternative custodial sentence in the case of contraventions.
The executive authority shall allow the offender a specific period not exceeding two years within which to complete the community service. In the case of community service carried out in lieu of a fine, this period may not exceed one year.
If the offender fails to comply with the conditions of community service imposed by the executive authority despite being warned to do so, the custodial sentence shall be served in the normal manner or in the form of semi-detention, or the monetary penalty or fine shall be enforced.
Art. 79b126 Electronic monitoring
At the request of the offender, the executive authority may order the use of electronic devices and their secure attachment to the offender’s body (electronic monitoring):
in execution of a custodial sentence or an alternative custodial sentence of from 20 days to 12 months; or
in lieu of day release employment or day release employment and external accommodation for a term of from 3 to 12 months.
The executive authority may order electronic monitoring only if:
it is not anticipated that the offender will abscond or commit further offences;
the offender lives in permanent accommodation;
the offender is doing regulated work or training or is similarly occupied for at least 20 hours a week or can be assigned to do the same;
the adults living with the offender in the same accommodation consent; and
the offender agrees to the implementation plan drawn up for him.
If the requirements of paragraph 2 letter a, b or c are no longer met or if the offender fails to fulfil the obligations set out in the implementation plan, the executive authority may discontinue the electronic monitoring and order the sentence to be served in the normal manner or in the form of semi-detention, or restrict the free time available to the offender.
Art. 80 Other forms of sentence execution
A departure from the rules governing the execution of sentences in favour of the prison inmates may be permitted:
if the state of health of the prison inmates so requires;
in the event of pregnancy, childbirth and for the time immediately after childbirth;
to enable the mother and infant to be accommodated together, provided this is also in the interests of the child.
If the sentence is not served in a penal institution, but in another appropriate institution, the prison inmate is subject to the regulations of that institution unless the executive authority orders otherwise.
Art. 81 Work
Prison inmates are obliged to work. Wherever possible, the work should be appropriate to their skills, education and training and their interests.
If they consent to do so, prison inmates may work for a private employer.
Art. 82 Basic and advanced training
Where they show the required aptitude and the possibility exists, prison inmates shall be given the opportunity to undergo basic and advanced training appropriate to their skills.
Art. 83 Wages
Prison inmates shall receive a wage for their work based on their performance and according to the circumstances.
Prison inmate may freely dispose of only part of their wage while serving their sentences. The remaining part is withheld until they have been released. The wage may neither be pledged, seized nor included in an insolvent estate. Any assignment or pledge of the wage is null and void.
If prison inmates participate in basic or advanced training instead of work in accordance with their sentence management plan, they shall receive appropriate remuneration.
Art. 84 Relations with the outside world
Prison inmates have the right to receive visitors and to cultivate contacts with persons outside the institution. Contact with close relatives and friends shall be facilitated.
Contact may be monitored and for the preservation of order and security in the penal institution it may be restricted or prohibited. The monitoring of visits is not permitted without the knowledge of those concerned. The foregoing does not apply to procedural measures in order to secure evidence for the purposes of a prosecution.
Clerics, doctors, attorneys, notaries and guardians as well as persons with comparable duties may be permitted to communicate freely with prison inmates subject to the general institution rules.
Contact with defence attorneys must be permitted. Visits from the defence attorney may be supervised but conversations may not be listened in on. Inspecting the content of correspondence and attorneys' documents is not permitted. Contact with attorneys may be prohibited by the competent authority in the event of abuse.
Communications with the supervisory authorities may not be monitored.
Prison inmates shall be granted release on temporary licence to an appropriate extent in order to cultivate relations with the outside world, prepare for their release or where there are special circumstances, provided their conduct in custody does not preclude this and there is no risk that they will abscond or commit further offences.
Offenders subject to indefinite incarceration are not granted release on temporary licence or other relaxations of the execution of the sentence during the sentence served prior to incarceration.127
Article 36 of the Vienna Convention of 24 April 1963128 on Consular Relations and other regulations under international law on visits and correspondence that are binding on Switzerland are reserved.
Art. 85 Searches and inspections
The personal effects and the accommodation of the prison inmate may be searched in the interests of maintaining order and security in the penal institution.
Prison inmates who are suspected of concealing unpermitted articles about their person or in their body, may be subjected to a body search. The search must be conducted by a person of the same sex. If the removal of clothing is required, this must be carried out in the absence of other prison inmates. Searches of body cavities must be carried out by a doctor or other medically qualified staff.
Parole
a. Granting of parole
Art. 86
When prison inmates have served two thirds of their sentence, provided this amounts to at least three months, they shall be released on parole by the competent authority if this is justified by their conduct while in custody and it is not expected that they will commit further felonies or misdemeanours.
The competent authority shall assess ex officio whether inmates may be released on parole. It shall obtain a report from the institution board. The prison inmates shall be granted a hearing.
If parole is refused, the competent authority must reassess the question of whether parole may be granted at least once each year.
Where prison inmates have served half of their sentence, provided this amounts to at least three months, they may be released on parole by way of exception, if exceptional personal circumstances justify this.
In the case of persons serving a life sentence, parole under paragraph 1 is possible at the earliest after 15 years, and under paragraph 4 at the earliest after ten years.
b. Probationary period
Art. 87
A person released on parole shall be subject to a probationary period of a duration that corresponds to the remainder of their sentence. The period however amounts to at least one year and no more than five years.
The executive authority shall normally order probation assistance for the duration of the probationary period. It may impose conduct orders on the person released on parole.
If parole is granted to an inmate serving a custodial sentence for an offence mentioned in Article 64 paragraph 1, and if on expiry of the probationary period a continuation of the probation assistance or the conduct orders appear to be required in order to reduce the risk of further offences of this type being committed, the court may at the request of the executive authority extend the probation assistance or the conduct orders in each case by one to five years or impose a new conduct order for this period. A recall to custody in accordance with Article 95 paragraph 5 is not possible in such cases.
c. Successful completion of probation
Art. 88
If the person released on parole is of good behaviour throughout the probationary period, they shall be granted final release.
d. Breach of probation
Art. 89
If a person released on parole commits a felony or misdemeanour during the probationary period, the court judging the new offence shall order the person’s recall to custody.
If, despite the commission of a felony or misdemeanour during the probationary period, it is not expected that the offender will commit further offences, the court shall dispense with a recall to custody. It may admonish the offender and extend the probationary period by no more than half of the period originally fixed by the competent authority. If the extension is ordered after the expiry of the original probationary period, it begins on the day on which it is ordered. The provisions on probation assistance and conduct orders apply (Art. 93–95).
If a person released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies.
A recall to custody may not be ordered if three years have elapsed since the expiry of the probationary period.
Any period spent on remand that the offender has served during the recall to custody proceedings is taken into account in the remainder of their sentence.
If the requirements for an unsuspended custodial sentence are fulfilled due to the new offence and if this coincides with the remainder of the sentence that must be executed by the recall to custody, the court shall impose a cumulative sentence in application of Article 49 a. The rules on parole again apply to this sentence. If only the remainder of the sentence is executed, Article 86 paragraphs 1–4 applies.
If the remainder of a sentence that must be executed in accordance with a decision on recall to custody coincides with the execution of a measure under Articles 59–61, Article 57 paragraphs 2 and 3 applies.
3. Execution of measures
Art. 90
A person subject to the execution of a measure under Articles 59–61, may only be accommodated without interruption separately from the other inmates of an institution for the execution of measures if this is essential:
as a temporary therapeutic measure;
for the protection of other inmates of the institution or of third parties;
as a disciplinary sanction;
129to prevent other prison inmates from being influenced by ideas that may encourage them to carry out terrorist activities, provided there is specific evidence of such an influence.
At the start of the execution of the measure, a sentence management plan is drawn up in consultation with the inmate or their legal representative. This includes in particular details of the treatment of the inmate's mental disorder, dependence or developmental disorder and on measures to prevent the endangerment of others.
Measures under Articles 59–61 and 64 may be executed in the form of external accommodation and day release employment if there is a justified opinion that this will significantly contribute to the aim of the measure being achieved, and if there is no risk that the inmate will abscond or will commit further offences. Article 77a paragraphs 2 and 3 applies by analogy.130
If the inmate is able to work, they shall be required to work to the extent that their in-patient treatment or care requires or permits. Articles 81–83 apply in an analogous manner.
Article 84 applies by analogy to the relations of the inmates of an institution for the execution of measures with the outside world, unless additional restrictions are required for reasons relating to the in-patient treatment.
Article 75a applies by analogy to admission to an open institution and to the authorisation of a relaxation in the measures regime.131
During lifelong incarceration, it is not permitted to authorise release on temporary licence or a relaxation of the sentence regime.132
Article 85 applies by analogy to searches and inspections.
4. General provisions
Art. 91 Disciplinary regulations
Disciplinary sanctions may be imposed on prison inmates and inmates of an institution for the execution of measures who are guilty of infringing the institution regulations or the sentence management plan.
Disciplinary sanctions are:
a reprimand;
the temporary withdrawal or restriction of the right to use money, participate in recreational activities or have external contacts;
133a fine; and
134solitary confinement as an additional restriction of liberty.
The cantons shall enact disciplinary regulations applicable to the execution of sentences and measures. The regulations detail the disciplinary offences, the sanctions and how they are fixed, and regulate the procedure.
Art. 92 Interruption of execution
The execution of sentences and measures may be interrupted for good cause.
Art. 92a135 Right to information
Victims and relatives of victims as defined in Article 1 paragraphs 1 and 2 of the Victim Support Act of 23 March 2007136 (VSA) and third parties who have a legitimate interest may make a written request to the executive authority for the following information:
the time of execution of the sentence or measure imposed on the offender, institution responsible for execution, the form of execution if it differs from normal, interruptions and relaxations in the sentence or measure, (Art. 75a para. 2), parole and final release, and the reactivation of the execution of a sentence or measure;
immediate notification of the escape of an offender and of their recapture.
The executive authority decides on the request after consulting the offender.
It may refuse to provide the information or revoke a previous decision to provide information only if the offender’s legitimate interests justify this.
If the executive authority approves a request, it shall advise the person entitled to information of the confidentiality of the information disclosed. Persons entitled to victim support under the VSA are not required to maintain confidentiality in their dealings with a counsellor at a counselling service under Article 9 VSA.
Title Five Probation Assistance, Conduct Orders and Voluntary Social Supervision
Art. 93 Probation assistance
Probation assistance is intended to protect the probationers from reoffending and enable their social integration. The competent authority for probation assistance provides and arranges for the required social and specialist services.
Persons working in the field of probation assistance must treat matters that come to their knowledge in the course of their work as confidential. They may disclose information on the personal circumstances of a probationer to third parties only if the probationer or the person in charge of probation assistance has consented in writing.
The authorities for the administration of criminal justice may obtain a report on the probationer from the competent authority for probation assistance.
Art. 94137 Conduct orders
The conduct orders that the court or the executive authority may impose on the offender for duration of the probationary period relate in particular to the practice of a profession, place of residence, driving motor vehicles, reparation and medical and psychological therapy.
In the case of offences against sexual integrity, the offender may be required to attend a course.
Art. 95 General provisions
Prior to making their decision on probation assistance and conduct orders, the court and the executive authority may obtain a report from the authority responsible for supervising the probation assistance and the conduct orders or for enforcing activity prohibition orders or contact prohibition and exclusion orders.138 The person concerned may state their opinion on the report. Differences of opinion must be recorded in the report.
The ordering of probation assistance and conduct orders must be noted and justified in the judgment or the decision.
If the offender fails to comply with the conditions of probation assistance or disregards the conduct orders or if the probation assistance or conduct orders cannot be implemented or are no longer required, the competent authority shall submit a report to the court or the authorities responsible for the execution of sentences and measures.
The court or the executive authority may in the cases mentioned in paragraph 3:
extend the probationary period by one half;
revoke or reorganise the probation assistance;
modify or revoke the conduct orders or issue new conduct orders.
The court may in the cases in paragraph 3 revoke the suspended sentence or order the recall to custody for the execution of the sentence or measure if it is seriously expected that the offender will commit further offences.
Art. 96 Social assistance
The cantons shall guarantee the provision of social assistance for the duration of the criminal proceedings and of the execution of the sentence which may be claimed voluntarily.
Title Six Statute of Limitations
1. Limitation of prosecution rights
Art. 97 Periods
The right to prosecute is subject to a time limit of:
30 years if the offence carries a custodial sentence of life;
15 years if the offence carries a custodial sentence of more than three years;
10 years if the offence carries a custodial sentence of three years;
seven years if the offence carries a different penalty.139
In the case of sexual acts with children (Art. 187) and in the case offences under Articles 111, 113, 122, 124, 182, 189–191, 193, 193a, 195 and 197 paragraph 3 involving a child under 16, the limitation period in each case runs at least until the victim has attained the age of 25.140
If a judgment is issued by a court of first instance before expiry of the limitation period, the time limit no longer applies.
The limitation of the right to prosecute in the case of sexual acts with children (Art. 187) and dependent minors (Art. 188) and offences under Articles 111–113, 122, 182, 189–191 and 195 involving a child under 16 is governed by paragraphs 1–3 if the offence was committed before the amendment of 5 October 2001141 came into force and the limitation of the right to prosecute had not yet taken effect.142
Art. 98 Commencement
The limitation period begins:
on the day on which the offender committed the offence;
on the day on which the final act was carried out if the offence consists of a series of acts carried out at different times;
on the day on which the criminal conduct ceases if the criminal conduct continues over a period of time.
2. Limitation period for the execution of a sentence
Art. 99 Periods
The right to execute a sentence is subject to a limitation period of:
30 years if a custodial sentence of life has been imposed;
25 years if a custodial sentence of ten or more years has been imposed;
20 years if a custodial sentence at least five and less than ten years has been imposed;
15 years, if a custodial sentence of more than one and less than five years has been imposed;
five years if any other sentence has been imposed.
The limitation period for a custodial sentence is extended:
by the time that the offender spends serving without interruption that or any other custodial sentence or measure that is executed immediately beforehand;
by the length of the probationary period in the case of release on parole.
Art. 100 Commencement
The limitation period begins on the day on which the judgment becomes legally enforceable, and in the case of suspended sentences or the execution of a measure, on the day on which the execution of the penalty is ordered.
3. Exclusion from limitation
Art. 101
There is no statute of limitations for the offences of:
genocide (Art. 264);
crimes against humanity (Art. 264a para. 1 and 2);
war crimes (Art. 264c para. 1–3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h);
felonies that have caused or threatened to cause danger to life and limb to a large number of persons as a method of extortion or duress, in particular through the use of means of mass destruction, the causing of catastrophes, or as part of a hostage taking offence;
143sexual acts with children (Art. 187 Nos 1 and 1bis), sexual abuse and indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of proper judgement or resistance (Art. 191), exploitation of a person in a position of need or dependency (Art. 193) and deception as to the sexual character of an act (Art. 193a) if committed against children under the age of 12.144
If the right to prosecute the offence would have become time barred had Articles 97 and 98 applied, the court may in its discretion impose a more lenient penalty.
Paragraphs 1 letters a, c and d and paragraph 2 apply if the right to prosecute or execute the sentence had not become time barred by 1 January 1983 in accordance with the law applicable until that point in time. Paragraph 1 letter b applies if the right to prosecute or execute the penalty has not become time barred under the previous law when the Amendment of 18 June 2010 to this Code comes into force. Paragraph 1 letter e applies if the prosecution or the sentence has not become time barred by 30 November 2008 in accordance with the law applicable until that point in time.145 146
Title Seven Corporate Criminal Liability
Liability under the criminal law
Art. 102
If a felony or misdemeanour is committed in an undertaking in the exercise of commercial activities in accordance with the objects of the undertaking and if it is not possible to attribute this act to any specific natural person due to the inadequate organisation of the undertaking, then the felony or misdemeanour is attributed to the undertaking. In such cases, the undertaking shall be liable to a fine not exceeding 5 million francs.
If the offence committed falls under Articles 260ter, 260quinquies, 305bis, 322ter, 322quinquies, 322septies paragraph 1 or 322octies, the undertaking is penalised irrespective of the criminal liability of any natural persons, provided the undertaking has failed to take all the reasonable organisational measures that are required in order to prevent such an offence.147
The court assesses the fine in particular in accordance with the seriousness of the offence, the seriousness of the organisational inadequacies and of the loss or damage caused and based on the economic ability of the undertaking to pay the fine.
Undertakings within the meaning of this title are:
any legal entity under private law;
any legal entity under public law with exception of local authorities;
companies;
sole proprietorships148.
Art. 102a149
Part Two Contraventions
Art. 103 Definition
Contraventions are acts that are punishable by a fine.
Art. 104 Application of the provisions of the First Part
The provisions of the First Part also apply to contraventions, subject to the following changes.
Art. 105 No or conditional applicability
The provisions on suspended and partially suspended sentences (Art. 42 and 43), on expulsion (Art. 66a–66d) and on corporate criminal liability (Art. 102) do not apply to contraventions.150
Attempt and complicity are offences only in the cases expressly mentioned in this Code.
Custodial measures (Art. 59–61 and 64), activity prohibition orders (Art. 67), contact prohibition and exclusion orders (Art. 67b) and the publication of the judgment (Art. 68) are permitted only in the cases expressly mentioned in this Code.151
Fines
Art. 106
Unless the law provides otherwise, the maximum amount of a fine is 10,000 francs.
In its judgment, the court shall impose an alternative custodial sentence of at least one day and a maximum of three months for the event that the fine is culpably not paid.
The court determines the fine and the alternative custodial sentence based on the offender's circumstances so that the offender receives the sentence that is commensurate with their culpable conduct.
On retrospective payment of the fine, the offender is released from the alternative custodial sentence.
Articles 35 and 36 paragraph 2 apply by analogy to the collection and conversion of the fine.152
Art. 107153
Art. 108154
Art. 109 Limitation
The right to prosecute and to execute a sentence is subject to a limitation period of three years.
Part Three Terms and Definitions
Art. 110
Close relatives of a person are that person’s spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children.155
Family members are persons who live in the same household.
Public officials are the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.
If a provision refers to the term "property", it also applies to animals.156
Official documents are written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.
Public deeds are official documents issued by members of an authority, public officials and holders of public office in the exercise official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.
A day has 24 successive hours. The month and the year are calculated according to the calendar.
Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
Book Two Specific Provisions
Title One Offences against Life and Limb
1. Homicide
Art. 111 Intentional homicide
Any person who kills a person intentionally, but without fulfilling the special requirements of the following articles, shall be liable to a custodial sentence157 of not less than five years.
Art. 112158 Murder
Where the offender acts in a particularly unscrupulous manner, in which the motive, the objective or the method of commission is particularly depraved, a custodial sentence for life or a custodial sentence of not less than ten years shall be imposed.159
Art. 113160 Manslaughter
Where the offender acts in a state of extreme emotion that is excusable in the circumstances, or in a state of profound psychological stress, a custodial sentence of from one to ten years shall be imposed.161
Art. 114162 Homicide at the request of the victim
Any person who for commendable motives, and in particular out of compassion for the victim, causes the death of a person at that person’s own genuine and insistent request shall be liable to a custodial sentence not exceeding three years or to a monetary penalty163 .
Art. 115 Inciting and assisting suicide
Any person who for selfish motives incites or assists another to commit or attempt to commit suicide shall, if that other person thereafter commits or attempts to commit suicide, be liable to a custodial sentence not exceeding five years or to a monetary penalty164 .
Art. 116165 Infanticide
If a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 117 Homicide through negligence
Any person who causes the death of another through negligence shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2. Abortion
Art. 118166 Illegal abortion
Any person who terminates a pregnancy with the consent of the pregnant woman or incites or assists a pregnant woman to terminate her pregnancy without the requirements of Article 119 being fulfilled shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Any person who terminates a pregnancy without the consent of the pregnant woman shall be liable to a custodial sentence of from one167 to ten years.
Any woman who has her pregnancy terminated or otherwise participates in the termination of her pregnancy following the end of the twelfth week since her last period and without the requirements of Article 119 being fulfilled shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Cases falling under paragraphs 1 and 3 above are subject to a limitation period of three years.168
Art. 119169 Legal abortion
The termination of a pregnancy is exempt from penalty in the event that the termination is, in the judgment of a physician, necessary in order to be able to prevent the pregnant woman from sustaining serious physical injury or serious psychological distress. The risk must be greater the more advanced the pregnancy is.
The termination of a pregnancy is likewise exempt from penalty if, at the written request of a pregnant woman, who claims that she is in a state of distress, it is performed within twelve weeks of the start of the pregnant woman’s last period by a physician who is licensed to practise their profession. The physician must have a detailed consultation with the woman prior to the termination and provide her with appropriate counselling.
If the woman is incapable of judgement, the consent of her legal representative is required.
The cantons designate the medical practices and hospitals that fulfil the requirements for the professional conduct of procedures to terminate pregnancy and for the provision of counselling.
An abortion is reported for statistical purposes to the competent health authority, whereby the anonymity of the woman concerned is guaranteed and medical confidentiality is preserved.
Contraventions by physicians
Art. 120170
Any physician who terminates a pregnancy in terms of Article 119 paragraph 2 and who fails, prior to the procedure:
to obtain a written request from the pregnant woman;
to discuss the termination in detail with the pregnant woman and to counsel her, to advise her of the risks of the procedure to her health, and to provide her with a written guide, the receipt of which she must acknowledge with her signature, that contains:
a list of agencies that provide counselling free of charge,
a list of associations and agencies that offer moral and material support, and
information on the possibility of having the child adopted;
to personally ensure that a pregnant woman under 16 years of age has been in contact with a counselling agency specialised in dealing with young people.
shall be liable to a fine171.
Any physician who fails to report the termination of a pregnancy to the competent authority in accordance with Article 119 paragraph 5 shall be liable to the same penalty.
Art. 121172
3. Assault
Art. 122173 Serious assault
Any person who intentionally:
inflicts a life-threatening injury on another;
inflicts a serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently;
causes any other serious damage to the person or to the physical or mental health of another,
shall be liable to a custodial sentence of from one year to ten years.
Art. 123174 Common assault
Any person who intentionally causes injury to the person or the health of another in any other way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
…175, 176
The offender shall be prosecuted ex officio,177
if they use poison, a weapon or a dangerous object,
if they commit the act on a person, and in particular on a child, who is unable to defend themselves, or is under their protection or in their care.
if they are the spouse of the victim and the act was committed during the marriage or up to one year after divorce,178
if they are the registered partner of the victim and the offence was committed during the period of the registered partnership or up to a year after its dissolution,179 or
if they are the heterosexual or homosexual partner of the victim provided they have at any time cohabited, and the act was committed at that time or up to one year after separation.180
Art. 124181 Female genital mutilation
Any person who mutilates the genitals of a female person, impairs their natural function seriously and permanently or damages them in some other way shall be liable to a custodial sentence of from six months to ten years or to a monetary penalty.182
Any person who has committed the offence abroad but is now in Switzerland and is not extradited shall be liable to the foregoing penalties. Article 7 paragraphs 4 and 5 apply.
Art. 125 Assault through negligence
Any person who causes injury to the person or the health of another through negligence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.183
If the injury is serious, the offender shall be prosecuted ex officio.
Art. 126 Acts of aggression
Any person who commits acts of aggression against another that do not cause any injury to the person or health shall be liable on complaint to a fine.
The offender is prosecuted ex officio if they commit the offence repeatedly:
a. on a person under their protection or in their care, and in particular on a child;
b. on their spouse during the marriage or up to a year after divorce; or
bbis. 184on their registered partner during the period of the registered partnership or up to a year after its dissolution; or
c. on their heterosexual or homosexual partner provided they have at any time cohabited, and the act was committed at that time or up to one year after separation.185
4. Endangering the life or health of another
Art. 127186 Abandonment
Any person who exposes a helpless person under their protection or care to a life-threatening danger or to a serious and immediate danger to health or abandons the person to such a danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 128187 Failure to offer aid in an emergency
Any person who fails to offer aid to another whom they have injured or to another who is in immediate life-threatening danger, in circumstances where the person either could reasonably have been expected to offer aid,
any person who prevents or hinders others from offering aid,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 128bis188 False alarm
Any person who intentionally and without good reason alerts a public or charitable security, rescue or emergency service, and in particular the police, fire or ambulance services shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Endangering life
Art. 129189
Any person who unscrupulously places another in immediate life-threatening danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 130–132190
Art. 133191 Brawling
Any person who participates in a brawl that results in the death of or in an assault causing injury shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
A participant in a brawl who acts exclusively in self-defence or in order to separate the other participants is not liable to a penalty.
Art. 134192 Attack
Any person who participates in an attack on one or more other persons which causes death or injury to a person attacked or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty193.
Art. 135194 Representations of acts of violence
Any person who produces, imports, stores, markets, promotes, exhibits, offers, shows, makes accessible, acquires, procures or possesses by electronic means or otherwise or makes available sound, film or video recordings or other items or representations in which acts of extreme violence towards adults or animals or simulated acts of cruelty towards minors are portrayed, without reasonable cultural or scientific grounds therefor, and in doing so seriously offends basic human dignity shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the items or representations have genuine acts of cruelty towards minors as their content, a custodial sentence not exceeding five years or a monetary penalty shall be imposed.
Any person who consumes or for their own consumption produces, imports, stores, acquires, procures by electronic or other means or possesses the items or representations mentioned in the first sentence of paragraph 1 above, shall be liable to a custodial sentence not exceeding one year or to a monetary penalty. If the items or representations have genuine acts of cruelty towards minors as their content, a custodial sentence not exceeding three years or a monetary penalty shall be imposed
The items concerned shall be forfeited.
Art. 136195 Administering substances capable of causing injury to children
Any person who administers or makes available for consumption to children under the age of 16 alcoholic beverages or other substances in such quantities as may endanger their health shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Title Two196 Offences against Property
1. Offences against property
Art. 137 Unlawful appropriation
Any person who, with the intention of securing an unlawful gain for themselves or another, appropriates moveable property which belongs to another shall be liable, unless the special requirements of Articles 138-140 apply, to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender has found the property or if the property has inadvertently come into their possession,
if they do not act for financial gain or
if they act only to the detriment of a relative or family member,
the offence shall only be prosecuted on complaint.
Art. 138 Misappropriation
Any person who, with the intention of securing an unlawful gain for themselves or another, appropriates moveable property belonging to another but entrusted to him,
any person who makes unlawful use of financial assets entrusted to them for their own or another's benefit,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Misappropriation to the detriment of a relative or family member is prosecuted only on complaint.
Any person who commits the foregoing offence in their capacity as a member of a public authority, or as a public official, guardian, adviser, professional asset manager, or in the practice of a profession or a trade or the execution of a commercial transaction for which they have been authorised by a public authority shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.197
Art. 139 Theft
Any person who, with the intention of securing an unlawful gain for themselves or another, appropriates moveable property belonging to another person with the object of permanently depriving the owner of it shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
…198
The offender shall be liable to a custodial sentence of at least six months and no more than ten years if they:
steal for commercial gain;
commit theft as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft;
carry a firearm or other dangerous weapon for the purpose of committing theft, or cause an explosion; or
otherwise reveal that they pose a particular danger due to the manner in which they commit the theft.199
Theft to the detriment of a relative or family member shall be prosecuted only on complaint.
Art. 140 Robbery
Any person who commits theft by using force on another, threatening another with imminent danger to life or limb, or making another incapable of resistance shall be liable to a custodial sentence of at least six months and no more than ten years.200
Any person who, when caught in the act of committing theft, commits any of the coercive acts mentioned in the foregoing paragraph in order to retain the stolen property shall be liable the same penalties.
The offender shall be liable to a custodial sentence of not less than one year201 if they carry with them a firearm or other dangerous weapon for the purpose of committing robbery.
The offender shall be liable to a custodial sentence of not less than two years,
if they commit robbery as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft,
or if they pose a particular danger in any other way due to the manner in which they commit robbery.
The penalty is a custodial sentence of not less than five years, if the offender endangers the life of the victim, commits a serious assault on the victim or otherwise treats the victim with cruelty.
Art. 141 Removal of property
Any person who takes moveable property from the person entitled to it to the serious detriment of that person but without intending to permanently deprive the entitled person of it shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 141bis Unlawful use of financial assets
Any person who for their own or another's benefit unlawfully uses financial assets that have inadvertently come into their possession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 142 Unlawful abstraction of energy
Any person who unlawfully obtains energy from an installation that serves to exploit natural power, and in particular an electrical installation shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender acts with the intention of securing an unlawful gain for themselves or another, a custodial sentence not exceeding five years or to monetary penalty shall be imposed.
Art. 143 Data theft
Any person who, with the intention of securing an unlawful gain for themselves or another obtains for themselves or another data that are stored or transmitted electronically or in some similar manner and which are not intended for them and have been specially secured to prevent their access shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
The theft of data to the detriment of a relative or family member is prosecuted only on complaint.
Art. 143bis202 Unauthorised access to a data processing system
Any person who obtains unauthorised access by means of data transmission equipment to a data processing system that has been specially secured to prevent their access shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who markets or makes accessible passwords, programs or other data that they know or must reasonably believe are intended to be used to commit an offence under paragraph 1 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 144 Criminal damage
Any person who damages, destroys or renders unusable property belonging to another or in respect of which another has a right of use shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender has committed criminal damage in the course of a public riot, they shall be prosecuted ex officio.
If the offender has caused major damage, a custodial sentence not exceeding five years or a monetary penalty shall be imposed. The offence is prosecuted ex officio.203
Art. 144bis Damage to data
Any person who without authority alters, deletes or renders unusable data that is stored or transmitted electronically or in some other similar way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender has caused major damage, a custodial sentence not exceeding five years or a monetary penalty shall be imposed. The offence is prosecuted ex officio.204
Any person who manufactures, imports, markets, advertises, offers or otherwise makes accessible programs that they know or must reasonably believe will be used for the purposes described in paragraph 1 above, or provides instructions on the manufacture of such programs shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.205
Art. 145 Misappropriation and removal of property subject to a pledge or lien
Any debtor who, with the intention of causing loss to their creditors, appropriates, uses without authority, damages, destroys, reduces the value of or renders unusable property subject to a pledge or lien shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 146 Fraud
Any person who, with the intention of securing an unlawful gain for themselves or another, mendaciously induces an erroneous belief in another person by false pretences or concealment of the truth, or mendaciously reinforces an erroneous belief, and thus causes that person to act to the prejudice of their own or another's financial interests, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.206
Fraud to the detriment of a relative or family member is prosecuted only on complaint.
Art. 147 Computer fraud
Any person who, with the intention of securing an unlawful gain for themselves or another, by the incorrect, incomplete or unauthorised use of data, or in a similar way, influences the electronic or similar processing or transmission of data and as a result causes the transfer of financial assets, thus occasioning loss to another, or immediately thereafter conceals such a transfer shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.207
Computer fraud to the detriment of a relative or family member is prosecuted only on complaint.
Art. 148 Misuse of a cheque card or credit card
Any person who, with the intention of obtaining services of a financial value despite being incapable of making or unwilling to make payment, uses a cheque card or credit card or similar means of payment that has been entrusted to them by the issuer thereof and thus causes loss to the issuer, shall be liable, provided the issuer and the contracting enterprise have taken reasonable measures in order to prevent the abuse of the card, to a custodial sentence not exceeding five years or to a monetary penalty.
If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.208
Art. 148a209 Unlawful claim for social insurance or social assistance benefits
Any person who misleads a another by providing false or incomplete information, failing to disclose information or in any other way or who compounds an existing error so that they or an associate obtain social insurance or social assistance benefits to which they or their associate are not entitled shall be liable to a custodial sentence not exceeding one year or to monetary penalty.
In minor cases, the penalty is a fine.
Art. 149 Making off from a hotel, restaurant or bar without payment
Any person who accepts accommodation, food or drink or other services in a hotel, restaurant, bar or similar premises and dishonestly makes off without making payment therefor shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 150 Obtaining a service without payment
Any person who obtains a service without paying, knowing that the service is only rendered against payment, and in particular
makes use of public transport,
attends public performances, exhibitions or similar events,
or obtains services from a data processing device or a vending machine,
shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 150bis210 Production and marketing of equipment for the unauthorised decoding of encoded services
Any person who manufactures, imports, exports, transports, markets or installs equipment, the components or data processing programs of which are designed and are suitable for the unauthorised decoding of encoded television or radio programmes or telecommunications services shall be liable on complaint to a fine.211
An attempt to commit the foregoing offence or complicity in the same is also an offence.
Art. 151 Mendaciously causing financial loss to another
Any person who without a view to gain, by making representations or suppressing information, mendaciously misleads another or mendaciously reinforces an erroneous belief with the result that the person in error acts in such a way that they or another incur a financial loss shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 152 False statements about commercial business
Any person who, whether as founder, proprietor, partner with unlimited liability, authorised representative or member of the management board or the board of directors, or as an auditor or liquidator of a trading company, a co-operative or any other enterprise which carries on commercial business,
makes or causes to be made to all the company members, partners or co-operative members, or to the participants in any other commercial enterprise a false or incomplete statement of substantial significance by means of a public announcement or notice, report or presentation that could cause another to dispose of their own assets in such a way that that other person sustains financial loss,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 153 False statements to the commercial register authorities
Any person who causes an authority responsible for the Commercial Register to make a false entry in the Register or withholds from such an authority information which is required to be entered in the Register shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 154212 Criminal liability of members of the board of directors and the executive board of companies whose shares are listed on a stock exchange
Any person who, as a member of the board of directors or the executive board of a company whose shares are listed on a stock exchange, pays or accepts remuneration that is not permitted in terms of Article 735c letters 1, 5 and 6 of the Code of Obligations (CO)213, if applicable in conjunction with Article 735d number 1 CO, shall be liable to a custodial sentence not exceeding three years and to a monetary penalty.
Any person who, as a member of the board of directors of a company whose shares are listed on a stock exchange, carries out any of the following acts shall be liable to a custodial sentence not exceeding three years or to a monetary penalty:
214delegating the management of business wholly or partly to a legal entity in violation of Article 716b paragraph 2 first sentence CO;
delegating the voting rights of corporate bodies or delegating voting rights to custodian banks (Art. 689b para. 2 CO);
preventing:
the articles of association from containing the provisions specified in Article 626 paragraph 2 letters 1 and 2 CO,
the general meeting from being able, annually and individually, to elect the members and the chair of the board of directors, the members of the remuneration committee and the independent voting representative (Art. 698 para. 2 no 2 and para. 3 no 1–3 CO),
the general meeting from being able to vote on the remuneration that the board of directors has determined for itself, the executive board and the board of advisors (Art. 698 para. 3 no 4 CO),
the shareholders or their representatives from being able to exercise their rights by electronic means (Art. 689c para. 6 CO).
If the perpetrator merely accepts the possibility that an offence under paragraph 1 or 2 may be committed, they shall not be liable to prosecution under these provisions.
In calculating the monetary penalty, the court shall not be bound by the maximum value of a daily penalty unit (Art. 34 para. 2 first sentence); however, the monetary penalty may not exceed six times the annual remuneration agreed with the company concerned at the time of the offence.
Art. 155 Counterfeiting of goods
Any person who, with the intention of deceiving another in trade or business,
manufactures a product which appears to have a higher commercial value than its true commercial value, in particular by being an imitation or counterfeit version of another product,
or imports, stores or markets such a product,
shall be liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender acts for commercial gain, unless the act is subject to a more severe penalty under another provision hereof, a custodial sentence not exceeding five years or a monetary penalty shall be imposed.215
Art. 156 Extortion
Any person who, with the intention of securing an unlawful gain for themselves or another, induces another person by using violence or the threat of seriously detrimental consequences to behave in such a way that they or another sustain financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offender acts for commercial gain, or if they repeatedly commit the offence against the same person, a custodial sentence of from six months to ten years shall be imposed.216
If the offender uses violence against another or if they threaten another with an immediate danger to life and limb, a penalty in accordance with Article 140 hereof shall be imposed.
If the offender threatens to endanger the life and limb of a large number of persons or to cause serious damage to property in which there is a substantial public interest, they shall be liable to a custodial sentence of not less than one year217.
Art. 157 Profiteering
Any person who for their own or another's financial gain or the promise of such gain, exploits the position of need, the dependence, the weakness of mind or character, the inexperience, or the foolishness of another person to obtain a payment or service which is clearly disproportionate to the consideration given in return,
any person who acquires a debt originating from an act of profiteering and sells or enforces the same,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.218
Art. 158 Criminal mismanagement
Any person who by law, an official order, a legal transaction or authorisation granted to them, has been entrusted with the management of the property of another or the supervision of such management, and in the course of and in breach of their duties causes or permits that other person to sustain financial loss shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who acts in the same manner in their capacity as the manager of a business but without specific instructions shall be liable to the same penalty.
If the offender acts with the intention of securing an unlawful gain for themselves or another, a custodial sentence not exceeding five years or to monetary penalty shall be imposed.219
Any person who, with the intention of securing an unlawful gain for themselves or another, abuses the authority granted to them by statute, an official order or a legal transaction to act on behalf of another and as a result causes that other person to sustain financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Criminal mismanagement to the detriment of a relative or family member is prosecuted only on complaint.
Art. 159 Misuse of salary deductions
Any employer who breaches the obligation to make use of a deduction from an employee's salary for the payment of taxes, duties, insurance premiums or contributions or in any other way for the benefit of the employee and thus causes loss to the employee shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Handling stolen goods
Art. 160
Any person who takes possession of, accepts as a gift or as the subject of a pledge, conceals, or assists in the disposal of goods which they know or must reasonably believe have been acquired by way of an offence against property shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
The offender shall be liable to the penalty applicable to the original offence if that penalty is reduced.
If the original offence is prosecuted only on complaint, the handling of stolen goods is prosecuted only if a complaint has been made in respect of the original offence.
If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.220
Art. 161221
Art. 161bis222
2. Breach of manufacturing or trade secrecy
Art. 162
Any person who betrays a manufacturing or trade secret that they are under a statutory or contractual duty contract not to reveal,
any person who exploits such a betrayal for their own or for another’s advantage,
shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
3. Bankruptcy and debt collection felonies or misdemeanours
Art. 163 Fraudulent bankruptcy and fraud against seizure
Any debtor who fictitiously reduces their assets to the prejudice of their creditors, and in particular
disposes of or conceals assets,
creates fictitious debts,
accepts fictitious claims as valid or arranges for the enforcement of such claims,
shall be liable, if bankruptcy proceedings are commenced against them or an unpaid debt certificate has been issued in their respect, to a custodial sentence not exceeding five years or to a monetary penalty.
Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable a custodial sentence not exceeding three years or to a monetary penalty.
Art. 164 Reduction of assets to the prejudice of creditors
Any debtor who reduces their assets to the detriment of their creditors by
damaging, destroying or reducing the value of any assets or rendering them unusable,
disposing of any assets for no consideration or for a consideration that is clearly negligible in value,
or by waiving, without material grounds, any rights which may accrue thereon or by renouncing rights for no consideration,
shall be liable, if bankruptcy proceedings are commenced against them or an unpaid debt certificate has been issued in their respect, to a custodial sentence not exceeding five years or to a monetary penalty.
Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 165 Mismanagement
Any debtor who in a manner other than that in Article 164 through mismanagement, in particular through inadequate capital provision, excessive expenditure, hazardous speculation, the negligent granting or use of credit, the squandering of assets or gross negligence in the exercise of their profession or the management of their assets,
causes or aggravates their excessive indebtedness, causes their own insolvency or, in the knowledge that they are unable to pay, prejudices their own financial situation,
shall be liable, if bankruptcy proceedings are commenced against them or an unpaid debt certificate is issued in their respect, to a custodial sentence not exceeding five years or to a monetary penalty.
1bis. If the debtor receives official support to avert imminent over-indebtedness or insolvency, they shall be liable to the same penalty.223
Any debtor whose assets have been seized shall be prosecuted solely on the complaint of a creditor who has obtained an unpaid debt certificate against them.
The complaint must be filed within three months of receipt of the unpaid debt certificate.
Any creditor who has induced a debtor to incur irresponsible debts, unreasonable expenditure or to enter into hazardously speculative transactions, or who has exploited the debtor usuriously, shall be barred from filing a complaint.
Art. 166 Failure to keep proper accounts
Any debtor who fails to comply with a statutory obligation to which they are subject to keep and preserve business accounts or to draw up a balance sheet, with the result that their financial position is not or not fully ascertainable, shall be liable, if they are declared bankrupt or an unpaid debt certificate has been issued in their respect following distraint in accordance with Article 43 of the Federal Act of 11 April 1889224 on Debt Enforcement and Bankruptcy (DEBA), to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 167 Undue preference to creditors
Any debtor who, in the knowledge of their inability to pay and with the intention of showing preference to some of their creditors to the prejudice of others, acts in order to achieve such an aim, and in particular pays debts that are not due for payment, pays due debts in a way that differs from the normal methods, or provides security for a debt from their own means when they are not obliged to do so, shall be liable, if they are declared bankrupt or an unpaid debt certificate has been issued in their respect, to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 168225 Subornation in enforcement proceedings
Any person who:
gives or promises a creditor or their representative special advantages in order to obtain their vote at the creditors' meeting or on the creditors' committee, or to obtain the creditor’s consent to or rejection of a judicial composition agreement;
gives or promises the administrator in bankruptcy, a member of the bankruptcy administration, the administrator, or the liquidator special advantages in order to influence their decisions;
causes another to give or promise advantages specified in letter a or b,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 169 Disposal of seized assets
Any person who without proper authority and to the prejudice of their creditors disposes of an asset
that has been officially distrained or attached,
that has been officially recorded in debt enforcement, bankruptcy or retention proceedings, or
that forms part of property that has been ceded in a liquidation settlement
or damages, destroys, reduces the value of, or renders unusable such an asset,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 170 Obtaining a judicial composition agreement by fraud
Any debtor who misleads their creditors, the administrator, or the debt enforcement authorities, in particular by false accounting or drawing up a false balance sheet, in order to obtain a composition moratorium or the approval of a judicial composition agreement,
any third party who acts in the foregoing manner for the benefit of the debtor,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Judicial composition agreement
Art. 171
Articles 163 paragraph 1, 164 paragraph 1, 165 paragraph 1, 166 and 167 also apply in the event that a judicial composition agreement has been approved and adopted.
…226
Art. 171bis227
4. General provisions
…
Art. 172228
Art. 172bis229
Art. 172ter Minor offences against property
Where the offence relates only to a minor asset value or where only a minor loss is incurred, the offender shall be liable on complaint to a fine.
This provision does not apply to aggravated theft (Art. 139 nos 2230 and 3), robbery or extortion.
Title Three Offences against Personal Honour and in Breach of Secrecy or Privacy231
1. Offence against personal honour
Art. 173232 Defamation
Any person who in addressing a third party, makes an accusation against or casts suspicion on another of dishonourable conduct or of other conduct that shall be liable to damage another's reputation,
any person who disseminates such accusations or suspicions,
shall be liable on complaint to a monetary penalty.233
If the accused proves that the statement that they made or disseminated corresponds to the truth or that they had substantial grounds to hold an honest belief that it was true, they shall not be liable to a penalty.
The accused is not permitted to lead evidence in support of and is criminally liable for statements that are made or disseminated with the primary intention of accusing someone of disreputable conduct without there being any public interest or any other justified cause, and particularly where such statements refer to a person’s private or family life.
If the offender recants their statement, the court may impose a more lenient penalty or no penalty at all.
If the accused is unable to prove the truth of their statement, or if it is shown to be untrue, or if the accused recants their statement, the court must state this in its judgment or in another document.
Art. 174 Intentional defamation
Any person who, in addressing a third party and knowing their allegations to be untrue, makes an accusation against or casts suspicion on another of dishonourable conduct, or of other conduct that is liable to damage another's reputation,
any person who disseminates such accusations or suspicions, knowing them to be untrue,
shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender has acted systematically to undermine the good reputation of another, a custodial sentence of from one month to three years or a monetary penalty of not less than 30 daily penalty units shall be imposed.234
If the offender recants their statement before the court on the grounds that it is untrue, the court may impose a more lenient penalty. The court must provide the person harmed with a document confirming the recantation.
Art. 175 Defamation of a deceased person or of a person missing presumed dead
If the defamation, whether intentional or not, is directed at a person who is deceased or who has been declared missing presumed dead, the relatives of the deceased person or the person missing presumed dead are entitled to apply for prosecution.
No offence is committed if, at the time of the statement being made, the deceased person has been dead or the missing person missing for more than 30 years.
Art. 176 General provision
Verbal defamation, whether intentional or not, is regarded as the equivalent of defamatory statements made in writing, in pictures, by gestures or in any other manner.
Art. 177 Insult
Any person who attacks the honour of another verbally, in writing, in pictures, through gestures or through acts of aggression shall be liable on complaint to a monetary penalty not exceeding 90 daily penalty units.235
If the insulted party has directly provoked the insult by improper behaviour, the court may dispense with imposing a penalty on the offender.
If there is an immediate response to the insult by way of a retaliatory insult or act of aggression, the court may dispense with imposing a penalty on either or both offenders.
Art. 178 Limitation
The right to prosecute misdemeanours against personal honour is subject to a limitation period of four years.236
Article 31 applies to the expiry of the right to file a complaint.237
2. Offences in breach of privacy or secrecy
Art. 179 Breach of the privacy of a sealed document
Any person who without authority opens a sealed document or sealed mail in order to obtain knowledge of its content,
any person who disseminates or makes use of information that they have obtained by opening a sealed document or sealed mail that was not intended for them,
shall be liable on complaint to a fine.
Art. 179bis239 Listening in on and recording the conversations of others
Any person who by using a listening device and without the permission of all those participating, listens in on a private conversation between other persons, or records such a conversation on a recording device,
any person who makes use of information that they know or must reasonably believe has come to their knowledge as the result of an offence under the above paragraph or makes such information known to a third party,
any person who stores or allows a third party access to a recording that they know or must reasonably believe has been made as the result of an offence under paragraph 1 above,
shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 179ter240 Unauthorised recording of conversations
Any person who, as a participant in a private conversation, records the conversation on a recording device without the permission of the other participants,
any person who stores or makes use of a recording or makes the recording available to a third party when they know or must reasonably believe that the recording has been made as the result of an offence under paragraph 1 above
shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.
Art. 179quater241 Breach of secrecy or privacy through the use of an image-carrying device
Any person who observes with a recording device or records with an image-carrying device information from the secret domain of another or information which is not automatically accessible from the private domain of another,
any person who makes use of information or makes information known to a third party, which they know or must reasonably believe has been produced as a result of an offence under paragraph 1 above,
any person who stores or allows a third party access to a recording that they know or must reasonably believe has been made as the result of an offence under paragraph 1 above,
shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 179quinquies242 Legal recordings
Persons who, as participants in a conversation or subscribers to a participating line, record calls:
to the emergency, rescue or security services; or
in the course of business that have orders, assignments, reservations and similar transactions as their subject matter.
are not liable to a penalty under Article 179bisbis paragraph 1 or Article 179ter paragraph 1.
Article 179bis paragraphs 2 and 3 and 179ter paragraph 2 apply by analogy to the use of.
Recordings in accordance with paragraph 1 above may only be used for the purpose of providing evidence.243
Art. 179sexies244 Marketing and promotion of devices for unlawful listening or sound or image recording
Any person who manufactures, imports, exports, acquires, stores, possesses, transports, passes on to another, sells, leases, lends or in any other manner markets, promotes or provides instruction on the manufacture of technical devices which are in particular intended for unlawful listening or the unlawful making of sound or image recordings,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender acts on behalf of a third party, that third party shall be liable to the same penalty as the offender provided the third party was aware that the offence was being committed and failed to use their best efforts to prevent the commission of the offence.
If the third party is a legal entity, a general or limited partnership or a sole proprietorship245, paragraph 1 above applies to those persons who acted or should have acted on behalf of that entity.
Art. 179septies246 Misuse of a telecommunications installation
Any person who uses a telecommunications installation in order to cause distress to or harass another, shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.
Art. 179octies247 Official surveillance, exempted acts
Any person who, in the exercise of express statutory powers, orders or carries out the surveillance of the post or telecommunications of another or makes use of technical surveillance devices (Art. 179bis ff.) does not commit an offence provided that the approval of the appropriate court is obtained without delay.
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Art. 179novies249 Obtaining personal data without authorisation
Any person who without authorisation obtains personal data that are particularly sensitive and that are not publicly accessible shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 179decies250 Identity theft
Any person who uses the identity of another person without that person’s consent in order to harm that person or in order to obtain an unlawful advantage for themselves or another shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.
Title Four Felonies and Misdemeanours against Liberty
Art. 180 Threatening behaviour
Any person who places another in a state of fear and alarm by making a serious threat shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
The offender is prosecuted ex officio if they:
a. are the spouse of the victim and the threat was made during the marriage or within one year of divorce; or
abis. 251are the registered partner of the victim and the threat was made during the registered partnership or within one year of its dissolution; or
b. are the heterosexual or homosexual partner of the victim, provided they are or were cohabiting for an indefinite period and the threat was made during this time or within one year of separation.252
Art. 181 Coercion
Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 181a253 Forced marriage, forced registered partnership
Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to enter into a civil or religious marriage or to have a same-sex partnership registered shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.254
Any person who commits the foregoing offence abroad but is now in Switzerland and is not being extradited shall be liable to the same penalty. Article 7 paragraphs 4 and 5 apply.
Art. 181b255 Stalking
Any person who persistently pursues, harasses or threatens another person in a manner that is likely to significantly restrict that person’s freedom to live their life as they wish shall, on complaint, be liable to a custodial sentence not exceeding three years or a monetary penalty.
Art. 182256 Trafficking in human beings
Any person who as a supplier, intermediary or customer engages in the trafficking of a human being for the purpose of sexual exploitation, exploitation of their labour or for the purpose of removing an organ shall be liable to a custodial sentence or to a monetary penalty. The soliciting of a person for these purposes is equivalent to trafficking.
If the victim is a minor257 or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year.
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Any person who commits the act abroad is also guilty of an offence. Articles 5 and 6 apply.
Art. 183259 False imprisonment and abduction
Any person who unlawfully arrests or holds another prisoner or otherwise unlawfully deprives another of their liberty,
any person who, by the use of force, false pretences or threats, abducts another,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Any person who abducts a person who is incapable of judgement or resistance or who is under the age of sixteen, shall be liable the same penalty.
Art. 184260 Aggravating circumstances
The penalty for false imprisonment and abduction is a custodial sentence of not less than one year,
if the offender attempts to obtain a ransom,
if they treat the victim with cruelty,
if the deprivation of liberty lasts for a period in excess of ten days or
if the health of the victim is seriously endangered.
Art. 185261 Hostage taking
Any person who deprives another of their liberty, or abducts or otherwise seizes another in order to coerce a third party to carry out an act, abstain from carrying out an act or tolerate an act,
any person who exploits a situation created in the foregoing manner by another in order so to coerce a third party,
shall be liable to a custodial sentence of not less than one year.
The penalty is a custodial sentence of not less than three years if the offender threatens to kill or seriously injure the victim or to treat the victim with cruelty.
In particularly serious cases, and in particular if the act involves several victims, the offender shall be liable to a custodial sentence of life.
If the offender abandons the coercion and releases the victim, a reduced penalty may be imposed (Art. 48a).262
Any person who commits the offence while abroad is also liable to the foregoing penalties provided they are arrested in Switzerland and not extradited. Article 7 paragraphs 4 and 5 apply.263
Art. 185bis264 Enforced disappearance
Any person who, with the intention of removing a person from the protection of the law for a prolonged period of time:
on behalf of or with the acquiescence of a State or political organisation, deprives that person of their liberty, and thereafter refuses to give information as to their fate or whereabouts; or
on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information as to the fate or whereabouts of the person concerned.
shall be liable to a custodial sentence of not less than one year.
Any person who commits the offence abroad is also liable to the foregoing penalty provided they are now in Switzerland and are not extradited. Article 7 paragraphs 4 and 5 apply.
Art. 186 Unlawful entry
Any person who, against the will of the lawful occupants, enters a building, an apartment, a self-contained room within a building, an enclosed area, courtyard or garden forming a direct part of a building, or a clearly demarcated workplace or, despite requests from the lawful occupants to leave, remains in such a location, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Title Five265 Offences against Sexual Integrity
1. Sexual acts with children266
Art. 187
Any person who engages in a sexual act with a child under 16 years of age, or,
incites a child to commit such an act, or
involves a child in a such an act,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.267
1bis. If the child is under the age of 12 and if the offender engages in a sexual act with the child or causes the child to engage in a sexual act with another person or with an animal, a custodial sentence of between one and five years shall be imposed.268
No penalty may be imposed if the difference in age between the persons involved does not exceed three years.
If the offender has not reached the age of 20 at the time of the act or the first of the acts, and if there are special circumstances, the responsible authority may dispense with prosecution, referral to court or the imposition of a penalty.269
If the offender acts under the misconception that the child is 16 years of age or older, but they would not have made this error had they exercised due care, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
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2. Offences against sexual liberty and integrity.
Art. 188272 Sexual acts with dependent persons
Any person who commits a sexual act by exploiting their relationship with a minor of at least 16 years of age who is dependent on them due to a relationship arising from the minor's education, care or employment or another form of dependent relationship,
any person who encourages such a minor to commit a sexual act by exploiting such a relationship,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 189273 Sexual abuse and indecent assault
Any person who, against the will of another person, performs a sexual act on that person or has that person perform such an act on them or who exploits that person’s state of shock to that end shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who uses threats, force or psychological pressure on another person or makes that other person incapable of resistance in order to compel that person to carry out or tolerate a sexual act shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
If the offender acts with cruelty, and if in particular they make use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than one year.
Art. 190274 Rape
Any person who, against the will of another person, has sexual intercourse with that person, commits an act with that person similar to sexual intercourse involving penetration of the body, or who has that person perform such an act or who exploits that person’s state of shock to that end shall be liable to a custodial sentence not exceeding five years.
Any person who forces another person to engage in or tolerate sexual intercourse or an act similar to sexual intercourse involving penetration of the body by using threats or violence, psychological pressure or by being made incapable of resistance shall be liable to a custodial sentence of from one to ten years.
If the offender in paragraph 2 acts with cruelty, and if they make use of an offensive weapon or any other dangerous object, the penalty shall be a custodial sentence of not less than three years.
Abuse of persons incapable of proper judgement or resistance
Art. 191275
Any person who has sexual intercourse with or commits an act similar to sexual intercourse or any other sexual act with a person who is incapable of proper judgement or resistance shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Art. 192276
Art. 193277 Exploitation of a person in a position of need or dependency
Any person who induces another to commit or submit to a sexual act by exploiting a position of need or a dependent relationship based on employment or another dependent relationship shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 193a278 Deception as to the sexual character of an act
Any person who, in exercising a professional or organised extra-professional activity in the health sector, performs a sexual act on a person or has a person perform a sexual act on them and deceives them as to the nature of the act or exploits their misconception about the nature of the act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 194279 Indecent exposure
Any person who engages in an act of indecent exposure shall be liable on complaint to a fine.
In serious cases, a monetary penalty shall be imposed. The offence shall be prosecuted on complaint.
If the accused undergoes medical treatment as ordered by the competent authority, the criminal proceedings shall be discontinued.
3. Exploitation of sexual acts
Art. 195280 Encouraging prostitution
Any person who:
induces a minor into prostitution or encourages a minor to engage in prostitution with the intention of securing a financial advantage
induces a person into prostitution by exploiting that person’s dependency or with the intention of securing a financial advantage,
restricts the freedom to act of a prostitute by supervising them in the course of their activities or by exercising control over the location, time, volume or other aspects of their work as a prostitute or,
makes a person remain a prostitute against their will,
shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Art. 196281 Sexual acts with minors against payment
Any person who carries out sexual acts with a minor or induces a minor to carry out such acts and who makes or promises payment in return shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
4. Pornography
Art. 197282
Any person who offers, shows, passes on or makes accessible to a person under the age of 16 pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances, or broadcasts any of the same on radio or television shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who exhibits in public items or recordings as described in paragraph 1 above or shows or otherwise offers the same unsolicited to others shall be liable to a fine. Any person who, in advance, draws the attention of visitors to private exhibitions or performances to their pornographic character does not commit an offence.
Any person who recruits or causes a minor to participate in a pornographic performance shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who produces, imports, stores, markets, advertises, exhibits, offers, shows, passes on or makes accessible to others, acquires, or procures or possesses via electronic media or otherwise items or recordings as described in paragraph 1 above that contain sexual acts involving animals or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the items or recordings contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty.283
Any person who consumes or who for their own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise items or recordings as described in paragraph 1 above that contain sexual acts involving animals or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.
If the items or recordings contain genuine sexual acts with minors, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.284
In the case of offences under paragraphs 4 and 5, the items shall be forfeited.
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Any person who produces, possesses or consumes items or recordings as described in paragraph 1 above involving a minor or makes such items or recordings accessible to the person shown shall not commit an offence provided:
the minor has consented;
the person producing the image or performance does not make or promise to make any payment therefor; and
the difference in age between the participants does not exceed three years.286
It shall not be an offence for a minor to produce, possess or consume items or recordings as described in paragraph 1 or to make the same accessible to another person with that person’s consent.
The person who makes these items or recordings accessible shall not commit an offence by possessing and consuming them provided:
they do not make or promise to make payment therefor;
the participants know each other; and
the participants are adults or, if at least one of them is a minor, the difference in age between them does not exceed three years.287
Items or recordings as described in paragraphs 1–5 above are not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.
5. Unauthorised passing on of private sexual content
Art. 197a288
Any person who passes on private sexual content, in particular documents, sound or visual recordings, depictions or other items or performances, without the consent of the person recognisable therein, shall on complaint be liable to a custodial sentence not exceeding one year or to a monetary penalty.
If the offender has published the content, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
6. Contraventions against sexual integrity
Art. 198289 Sexual harassment
Any person who causes offence by performing a sexual act in the presence of another who does not expect it,
any person who sexually harasses another physically or through the use of indecent language, writings or images
shall be liable on complaint to a fine.
The competent authority may require the person concerned to attend a course. If they complete the required course successfully, the proceedings shall be discontinued.
The competent authority shall decide on the procedural costs and on any claims made by the civil party.
Art. 199 Unauthorised practice of prostitution
Any person who violates the cantonal regulations on the permitted locations or times at which prostitution may be practised or the manner in which it may be practised, or on the prevention of related public nuisance shall be liable to a fine.
7. Joint commission
Art. 200290
Where any person commits an offence under this Title jointly with one or more others, the court shall increase the penalty imposed but may not exceed the standard maximum penalty for the offence by more than an additional half. The court, in imposing the penalty, is bound by the statutory maximum penalty for the type of offence in question.
Art. 201–212291
Title Six Felonies and Misdemeanours against the Family
Incest
Art. 213292
Any person who has sexual intercourse with a blood relative in direct line or with a brother or sister, or a half-brother or half-sister shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Minors are not liable to any penalty provided they have been induced to commit the act.
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Art. 214294
Bigamy
Art. 215295
Any person who marries or enters into a registered same-sex partnership when they are already married or living in a registered same-sex partnership,
any person who marries or enters into a registered same-sex partnership with a person who is already married or living in a registered same-sex partnership,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 216296
Neglect of duty to support the family
Art. 217297
Any person who fails to fulfil their family law duties to provide maintenance or support although they have or could have the means to do so, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
The authorities and agencies appointed by the cantons also have the right to file a complaint. In exercising this right, they shall take account of the interests of the family.
Art. 218298
Art. 219299 Neglect of duties of care, supervision or education
Any person who violates or neglects their duties of supervision and education towards a minor and thus endangers the minor's physical or mental development, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offence is committed through negligence, a monetary penalty shall be imposed. 300
Art. 220301 Abduction of minors
Any person who removes a minor from or refuses to return a minor to the person holding the right to decide on the minor's place of residence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Title Seven Felonies and Misdemeanours constituting a Public Danger
Art. 221 Arson
Any person who intentionally causes a fire and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence of not less than one year.
If the offender knowingly endangers the life and limb of others, the penalty is a custodial sentence of not less than three years.
If the damage caused is minor, the penalty may be reduced to a custodial sentence of up to three years or to a monetary penalty.
Art. 222 Negligent arson
Any person who causes a fire through negligence and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.302
If the offender through negligence endangers the life and limb of others, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 223 Causing an explosion
Any person who intentionally causes an explosion involving gas, petrol, paraffin or a similar substance and thus knowingly endangers the life and limb or property of others shall be liable to a custodial sentence of not less than one year.
If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 224 Causing danger through misuse of explosives and toxic gases with felonious intent
Any person who with felonious intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence of not less than one year.
If only an insignificant danger to property is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.
Art. 225304 Causing danger through misuse of explosives or toxic gases without felonious intent or through negligence303
Any person who intentionally but without felonious intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 226 Manufacture, concealment and transport of explosives and toxic gases
Any person who manufactures explosives or toxic gases that they know or must reasonably believe are intended to be used to commit a felony shall be liable to a custodial sentence of at least six months and no more than ten years.305
Any person who procures, passes on to another, accepts from another, safeguards, conceals or transports explosives, toxic gases or substances suitable for their manufacture shall be liable, if they know or must reasonably believe that they are intended to be used to commit a felony, to a custodial sentence of from one month to five years or to a monetary penalty of not less than 30 daily penalty units.306
Any person who instructs another person on how to manufacture explosives or toxic gases when they know or must reasonably believe that that person is planning to use the explosives or toxic gases to commit a felony shall be liable to a custodial sentence of from one month to five years or to a monetary penalty of not less than 30 daily penalty units.307
Art. 226bis308 Causing danger by means of nuclear energy, radioactivity or ionising radiation
Any person who intentionally causes serious danger to the life or the health of people or to the property of others by means of nuclear energy, radio-active substances or ionising radiation shall be liable to a custodial sentence or a monetary penalty.
If the offence is committed through negligence, a custodial sentence not exceeding five years or a monetary penalty shall be imposed.
Art. 226ter309 Preparatory offences
Any person who systematically carries out specific technical or organisational preparations for acts intended to cause danger to the life or the health of people or to the property of others by means of nuclear energy, radioactive substances or ionising radiation of substantial value shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Any person who manufactures, procures, passes on to another, accepts from another, stores, conceals or transports radioactive substances, equipment, apparatus or articles that contain radioactive substances or may emit ionising radiation shall be liable, if they know or must reasonably believe that they are intended for unlawful use, to a custodial sentence not exceeding ten years or to a monetary penalty.
Any person who instructs another person on how to manufacture such substances, equipment, apparatus or articles shall be liable, if they know or must reasonably believe that they are intended for unlawful use, to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 227 Causing a flood, collapse or landslide
Any person who intentionally causes a flood, the collapse of a structure or a landslide or rock fall and thus knowingly endangers the life and limb of people or the property of others shall be liable to a custodial sentence of not less than one year.
If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 228 Criminal damage to electrical installations, and hydraulic or protective structures
Any person who intentionally damages or destroys electrical installations, hydraulic structures such as dams, weirs, dikes, and floodgates, or structures erected to provide protection against natural forces such as landslides or avalanches, and thus knowingly endangers the life and limb of people or the property of others, shall be liable to a custodial sentence of not less than one year.310
If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 229 Causing danger by breaching construction regulations
Any person engaged in the management or execution of construction or demolition work who intentionally disregards the accepted rules of construction and as a result knowingly endangers the life and limb of others shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.311
If the offender disregards the accepted rules of construction through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 230 Removal or non-installation of safety devices
Any person who intentionally damages, destroys, removes, otherwise renders unusable or deactivates a safety device which serves to prevent accidents in a factory or other commercial premises or on a machine,
any person who intentionally fails to install such a device in violation of the regulations,
and thus knowingly endangers the life and limb of others,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.312
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Title Eight Felonies and Misdemeanours against Public Health
Art. 230bis313 Causing danger by means of genetically modified or pathogenic organisms
Any person who intentionally releases genetically modified or pathogenic organisms or the disrupts the operation of a facility for the research into, or the safeguarding, production or transport of such organisms shall be liable to a custodial sentence not exceeding ten years, provided they know or must reasonably believe that through their acts:
they will endanger the life and limb of people; or
the natural composition of communities of animals and plants or their habitats will be seriously endangered.
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 231314 Transmission of human diseases
Any person who maliciously transmits a dangerous communicable human disease shall be liable to a custodial sentence of from one to five years.
Art. 232 Transmission of an epizootic disease
Any person who intentionally causes the transmission of an epizootic disease among domestic animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years.
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 233 Propagation of harmful parasites
Any person who intentionally propagates a parasite or micro-organism that constitutes a danger to agriculture or forestry, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years.
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 234 Contamination of drinking water
Any person who intentionally contaminates drinking water intended for people or domestic animals with substances that are damaging to health shall be liable to a custodial sentence of from one month to five years or to a monetary penalty of not less than 30 daily penalty units.315
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 235 Production of harmful animal feed
Any person who intentionally produces or treats animal feed or feedstuffs for domestic animals in such a way that they constitute a danger to the health of animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender carries on a commercial operation to produce or treat animal feed that is harmful to animals, the penalty is a custodial sentence of from one month to three years or a monetary penalty of not less than 30 daily penalty units. In such cases, public notice shall be given of the conviction.316
If the offence is committed through negligence, a monetary penalty shall be imposed.317
The products shall be forfeited. They may be rendered harmless or destroyed.
Art. 236 Marketing of harmful animal feed
Any person who intentionally imports, stores, offers for sale or markets animal feed or animal feedstuffs that constitute a danger to animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. Public notice is given of the conviction.
If the offence is committed through negligence, a monetary penalty shall be imposed.318
The products are forfeited. They may be rendered harmless or destroyed.
Title Nine Felonies and Misdemeanours against Public Traffic
Disruption of public traffic
Art. 237
Any person who intentionally obstructs, disrupts or endangers public traffic, in particular traffic on the roads, on water, in the air or on rail and as a result knowingly causes danger to the life and limb or property of other people shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offender thus knowingly endangers the life and limb of a large number of people, a custodial sentence not exceeding ten years or a monetary penalty shall be imposed.319
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 238320
Art. 239 Disruption of public services321
Any person who intentionally obstructs, disrupts or endangers the operation of a public service and in particular the railway, postal, telegraphic or telephone services,
any person who intentionally obstructs, disrupts or endangers the operation of a public utility or installation which provides water, light, power or heat,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offence is committed through negligence, a custodial sentence not exceeding one year or a monetary penalty shall be imposed.322
Title Ten Counterfeiting of Money, Official Stamps, Official Marks, Weights and Measures
Art. 240 Counterfeiting money
Any person who counterfeits coins, paper money or banknotes in order to pass these off as genuine shall be liable to a custodial sentence of not less than one year.
In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
The offender is also liable to the foregoing penalties if they committed the act while abroad, have entered Switzerland and are not being extradited, provided the act is also an offence at the place of commission.
Art. 241 Falsifying money
Any person who alters coins, paper money or bank notes in order to pass these off at a value higher than their true value shall be liable to a custodial sentence of at least six months and no more than five years.323
In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 242 Passing or tendering counterfeit money
Any person who passes or tenders counterfeit or falsified coins, paper money or bank notes as genuine money shall be liable to a custodial sentence not exceeding three years or to a monetary penalty324.
If the offender or the person instructing or acting for the offender accepted the coins or banknotes on the understanding that they were genuine or not falsified, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 243325 Imitating bank notes, coins or official stamps without intent to commit forgery
Any person who, without the intention of committing the offence of forgery, reproduces or imitates bank notes and thus creates the risk that persons or machines will confuse such notes with genuine notes, in particular if the overall appearance, one side or the greater part of one side of a bank note reproduces or imitates a material and a size that is identical or similar to the material and size of the original,
any person who, without the intention of committing the offence of forgery, produces objects which in their appearance, weight and size are similar to coins in circulation, or which show the nominal value or other characteristics of coins which have been officially struck, and thus creates the risk that persons or machines will confuse such coins with coins which are in circulation,
any person who, without the intention of committing the offence of forgery reproduces or imitates official stamps and thus creates the risk that such stamps will be confused with genuine stamps,
any person who imports, offers or puts into circulation such objects articles,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.326
If the offence is committed through negligence, a monetary penalty shall be imposed.327
Art. 244 Importing, acquiring and storing counterfeit money
Any person who imports, acquires or stores counterfeit or falsified coins, paper money or bank notes in order to pass these off as genuine or non-falsified shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.328
Any person who imports, acquires or stores such money on a large scale shall be liable to a custodial sentence of from one to five years.
Art. 245329 Forgery of official stamps
Any person who forges or falsifies official stamps, and in particular postage stamps, revenue stamps or fee stamps, in order to pass these off as genuine or non-falsified,
any person who gives cancelled official value stamps the appearance of being valid in order to pass them off as such,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
The offender is also liable to the foregoing penalties if they committed the act while abroad, have been arrested in Switzerland and are not being extradited, provided the act is also an offence at the place of commission.
Any person who passes off forged, falsified or cancelled official stamps as genuine, non-falsified or valid shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 246330 Forgery of official marks
Any person who forges or falsifies an official mark which the authorities affix to an object to confirm the result of an inspection or the granting of approval such as hallmarks, or marks stamped on goods by meat inspectors, marks stamped by the Federal Office for Customs and Border Security, with the intention of passing the mark off as genuine,
any person who passes off such forged or falsified marks as genuine or non-falsified,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 247 Counterfeiting equipment and unlawful use of equipment
Any person who constructs or acquires equipment for the forgery or falsification of coins, paper money, bank notes or official stamps in order to make unlawful use of such equipment,
any person who makes unlawful use of equipment which is used for the production of coins, paper money, bank notes or official stamps,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 248 Falsifying weights and measures
Any person who, in order to deceive others in trade or commerce,
attaches a false calibration mark to weights and measures, scales or other measuring instruments or falsifies an existing calibration mark,
makes alterations to weights and measures, scales or other measuring instruments, or
makes use of forged or falsified weights and measures, scales or other measuring instruments,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 249331 Forfeiture
Forged or falsified coins, paper money, banknotes, official stamps, official marks, weights and measures, scales or other measuring instruments as well as the counterfeiting equipment is forfeited and rendered unusable or destroyed.
Banknotes, coins or official stamps that have been reproduced, imitated or produced without the intent to commit forgery, but which create a risk of confusion, are also forfeited and rendered unusable or destroyed.
Art. 250 Foreign currency and stamps
The provisions this Title also apply in the case of foreign coins, paper money, banknotes and stamps.
Title Eleven Forgery
Art. 251332 Forgery of a document
Any person who, with the intention of causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for themselves or another,
produces a false document, falsifies a genuine document, uses the genuine signature or mark of another to produce a false document, falsely certifies or causes to be falsely certified a fact of legal significance or,
makes use of a false or falsified document in order to deceive,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
…333
Art. 252334 Forgery of certificates
Any person who with the intention of furthering their own position or that of another,
forges or falsifies identity documents, references, or certificates,
uses such a document in order to deceive another,
or uses a genuine document of this nature but which does not apply to them in order to deceive another,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 253 Obtaining a false certificate by fraud
Any person who by fraudulent means causes a public official or a person acting in an official capacity to certify an untrue fact of substantial legal significance, and in particular to certify a false signature or an incorrect copy as genuine, or
any person who makes use of a document obtained by fraud in this way in order to deceive another as to the fact certified therein,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 254 Suppression of documents
Any person who damages, destroys, conceals or misappropriates a document over which they have no exclusive right of disposal, with the intention of causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for themselves or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
The suppression of documents to the detriment of a relative or family member is prosecuted only on complaint.
Art. 255 Official foreign documents
Articles 251–254 also apply to official foreign documents.
Art. 256 Moving of boundary markers
Any person who, with the intention of causing financial loss or damaging the rights of another or of obtaining an unlawful advantage for themselves or another, removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 257 Removal of survey points and water level indicators
Any person who removes, moves, renders unrecognisable or falsely positions a public survey point or water level indicator shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Title Twelve Felonies and Misdemeanours against Public Order
Art. 258335 Causing fear and alarm among the general public
Any person who causes fear and alarm among the general public by threatening or feigning a danger to life, limb or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 259336 Public incitement to commit a felony or act of violence
Any person who publicly incites others to commit a misdemeanour that involves violence against other persons or property, or a felony shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.337
Public incitement to commit genocide (Art. 264), where the intention is for the act to be carried out exclusively or partly in Switzerland, is also an offence if the incitement occurs outside Switzerland.338
…339
Art. 260 Rioting
Any person who takes part in a riotous assembly in public in the course of which acts of violence are committed against persons and property by the use of united force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Participants who remove themselves when officially ordered to do so are not held to have committed an offence if they have not used violence or encouraged others to do so.
Art. 260bis340 Acts preparatory to the commission of an offence
Any person who, in accordance with a plan, carries out specific technical or organisational measures, the nature and extent of which indicate that the offender intends to commit any of the offences listed below shall be liable to a custodial sentence not exceeding five years or to a monetary penalty:
a. intentional homicide (Art. 111);
b. murder (Art. 112);
c. serious assault (Art. 122);
cbis. 341female genital mutilation (Art. 124);
d. robbery (Art. 140);
e. false imprisonment and abduction (Art. 183);
f. hostage taking (Art. 185);
fbis. 342enforced disappearance (Art. 185bis);
g. arson (Art. 221);
h. genocide (Art. 264);
i. crimes against humanity (Art. 264a);
j. war crimes (Art. 264c–264h).343
If the offender, of their own volition, does not complete the preparatory act, they shall not be liable to any penalty.
It is also an offence for any person to carry out a preparatory act abroad, provided it was intended to commit the offences in Switzerland. Article 3 paragraph 2 applies.344
Art. 260ter345 Criminal or terrorist organisation
Any person who:
participates in an organisation which pursues the objective of:
committing violent felonies or securing a financial gain by felonious means, or
committing violent felonies aimed at intimidating the population or coercing a State or an international organisation to act or refrain from acting; or who
supports such an organisation in its activities.
shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Paragraph 1 letter b does not apply to humanitarian services provided by an impartial humanitarian organisation, such as the International Committee of the Red Cross, in accordance with the common Article 3 of the Geneva Conventions of 12 August 1949346.
If the offender exercises a decisive influence within the organisation, a custodial sentence of not less than three years shall be imposed.
The court has the discretion to mitigate the penalty imposed
(Art. 48a) if the offender makes an effort to foil the activities of the organisation.
The foregoing penalties also apply to any person who commits the offence outside Switzerland provided the organisation carries out or intends to carry out its felonious activities wholly or partly in Switzerland. Article 7 paragraphs 4 and 5 applies.
Art. 260quater347 Endangering public safety with weapons
Any person who sells, hires, gifts, hands over or procures firearms, weapons prohibited by law, essential components of weapons, weapons accessories, ammunition or components of ammunition, although they know or must reasonably believe that the weapons are intended to be used to commit a felony or misdemeanour shall be liable, provided their activities do not constitute a more serious offence, to a custodial sentence not exceeding five years or to a monetary penalty.348
Art. 260quinquies349 Financing terrorism
Any person who collects or provides funds with the intention of financing a violent crime that is intended to intimidate the public or to coerce a state or international organisation into carrying out or not carrying out an act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the person merely acknowledges the possibility that the funds may be used to finance terrorism, they shall not be liable to a penalty under this Article.
The act does not constitute the financing of a terrorist offence if it is carried out with the intention of establishing or re-establishing a democratic regime or a state governed by the rule of law or with the intention of exercising or safeguarding human rights.
Paragraph 1 does not apply if the financing is intended to support acts that do not violate the rules of international law on the conduct of armed conflicts.
Art. 260sexies350 Recruiting, training and travelling with the intention of committing a terrorist offence
Any person who, with the intention of committing a violent felony aimed at intimidating the population or coercing a State or an international organisation to act or refrain from acting:
recruits another person to commit or participate in such an offence;
accepts training or trains others in the manufacture or use of weapons, explosives, radioactive materials, poisonous gases or other devices or dangerous substances for the purpose of committing or participating in the commission of such an offence; or
travels abroad with the intention of committing, participating in or training for such an offence
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
The same penalty shall apply to any person who collects or provides assets with the intention of financing a journey in accordance with paragraph 1 letter c, or any person who organises or recruits others to make such a journey.
Any person who carries out any of the foregoing acts outside Switzerland shall also be liable to prosecution if they are in Switzerland and are not extradited or if the terrorist offence is to be committed in or against Switzerland. Article 7 paragraphs 4 and 5 apply.
Art. 261 Attack on the freedom of faith and the freedom to worship
Any person who publicly and maliciously insults or mocks the religious convictions of others, and in particularly their belief in God, or maliciously desecrates objects of religious veneration,
any person who maliciously prevents, disrupts or publicly mocks an act of worship, the conduct of which is guaranteed by the Constitution, or
any person who maliciously desecrates a place or object that is intended for a religious ceremony or an act of worship the conduct of which is guaranteed by the Constitution,
shall be liable to a monetary penalty.351
Art. 261bis352 Discrimination and incitement to hatred
Any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation,
any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of that person or group of persons,
any person who with the same objective organises, encourages or participates in propaganda campaigns,
any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivialises or seeks justification for genocide or other crimes against humanity,
any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin, religion or sexual orientation when that service is intended to be provided to the general public,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 262 Disturbing the peace of the dead
Any person who desecrates the resting place of a dead person,
any person who maliciously disrupts or desecrates a funeral procession or funeral ceremony,
any person who desecrates or publicly insults a dead body
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who removes a dead body or part of a dead body or the ashes of a dead person against the will of those entitled thereto shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 263 Committing an offence while in a state of voluntarily induced mental incapacity
Any person who is in a state of mental incapacity as a result of voluntarily induced intoxication through alcohol or drugs, and while in this state commits an act punishable as a felony or misdemeanour shall be liable to a monetary penalty.353
If the offender has, in this self-induced state, committed an act for which the only penalty is a custodial sentence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.354
Title Twelvebis355 Genocide and Crimes against Humanity
Art. 264 Genocide
The penalty is a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a group of persons characterised by their nationality, race, religion or ethnic, social or political affiliation:
kills members of such a group, or seriously harms them physically or mentally;
inflicts living conditions on members of such a group that are calculated to bring about its total or partial destruction;
orders or takes measures that are directed towards preventing births within such a group; or
forcibly transfers children in such a group to another group or arranges for such children to be forcibly transferred to another group.
Crimes against humanity
a. Intentional homicide
b. Extermination
c. Enslavement
d. False imprisonment
e. Enforced disappearance of persons
f. Torture
g. Violation of sexual rights
h. Deportation or forcible transfer
i. Persecution and apartheid
j. Other inhumane acts
Art. 264a
The penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population:
intentionally kills another person;
intentionally kills a number of persons or intentionally inflicts conditions of life calculated to bring about the destruction of all or part of the population;
assumes and exercises a right of ownership over a person, in particular in the form of trafficking in persons, sexual exploitation or forced labour;
severely deprives a person of their liberty in violation of the fundamental rules of international law;
and with the intention of removing a person from the protection of the law for a prolonged period of time:
on behalf of or with the acquiescence of a State or political organisation, deprives that person of their liberty, and thereafter refuses to give information on the person’s fate or whereabouts, or
on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information on the fate or whereabouts of the person concerned;
inflicts severe pain or suffering or serious injury, whether physical or mental, on a person in their custody or under their control;
356commits rape in accordance with Article 190 paragraph 2 or 3 or an indecent assault in accordance with Article 189 paragraph 2 or 3 of comparable severity on a person, abuses that person by committing a sexual act of comparable severity, or forces a person into prostitution or to be sterilised or, after she has been forcibly made pregnant, confines her unlawfully with the intention of affecting the ethnic composition of a population;
expels or by other coercive acts displaces persons from an area in which they are lawfully present;
in violation of international law and for political, racist, ethnic, religious, social or other reasons, severely denies or deprives a group of people of fundamental rights in connection with an offence under Title Twelvebis or Title Twelveter or for the purpose of the systematic oppression or domination of an ethnic group;
commits any other act of a comparable seriousness to the felonies mentioned in this paragraph and thereby causes severe pain or suffering or serious injury, whether physical or mental, to a person.
In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
In less serious cases under paragraph 1 letters c–j, a custodial sentence of not less than one year may be imposed.
Title Twelveter357 War Crimes
1. Scope of application
Art. 264b
Articles 264d–264j apply in connection with international armed conflicts including occupations as well as, unless the nature the offences requires otherwise, in connection with non-international armed conflicts.
2. Serious violations of the Geneva Conventions
Art. 264c
The penalty is a custodial sentence of not less than five years for any person who commits a serious violation of the Geneva Conventions of 12 August 1949358 in connection with an international armed conflict by carrying out any of the following acts against persons or property protected under the Conventions:
intentional homicide;
hostage taking;
causing severe pain or suffering or serious injury, whether physical or mental, in particular by torture, inhuman treatment or biological experiments;
extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly;
compelling a person to serve in the forces of a hostile power;
unlawful deportation or transfer or unlawful confinement;
denying the right to a fair and regular trial before the imposition or execution of a severe penalty.
Acts in terms of paragraph 1 committed in connection with a non-international armed conflict are equivalent to serious violations of international humanitarian law if they are directed against a person or property protected by international humanitarian law.
In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
In less serious cases under paragraph 1 letters c–g, a custodial sentence of not less than one year may be imposed.
3. Other war crimes
a. Attacks on civilians and civilian objects
Art. 264d
The penalty is a custodial sentence of not less than three years for any person who in connection with an armed conflict directs an attack:
against the civilian population as such or against individual civilians not taking direct part in hostilities;
against personnel, installations, material or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations of 26 June 1945359, as long as they are entitled to the protection of international humanitarian law;
against civilian objects, undefended settlements or buildings or demilitarised zones that are not military objectives;
against medical units, material or vehicles using a distinctive emblem under international humanitarian law or whose protected character is recognisable even without a distinctive emblem, hospitals and places where the sick and wounded are collected;
against cultural property or persons entrusted with its protection or vehicles for its transport, against buildings dedicated to religion, education, art, science or charitable purposes, provided they are protected by international humanitarian law.
In especially serious cases of attacks on persons, a custodial sentence of life may be imposed.
In less serious cases, a custodial sentence of not less than one year may be imposed.
b. Unjustified medical treatment, violation of sexual rights and human dignity
Art. 264e
The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
causes severe pain or suffering or serious injury or danger, whether physical or mental, to a person protected by international humanitarian law by subjecting that person to a medical procedure that is not justified by the person’s state of health and which does comply with generally recognised medical principles;
360commits rape in accordance with Article 190 paragraph 2 or 3 or an indecent assault in accordance with Article 189 paragraph 2 or 3 of comparable severity on a person protected by international humanitarian law, abuses that person by committing a sexual act of comparable severity, or forces that person into prostitution or to be sterilised or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population;
subjects a person protected by international humanitarian law to especially humiliating and degrading treatment.
In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
In less serious cases, a custodial sentence of not less than one year may be imposed.
c. Recruiting and using child soldiers
Art. 264f
The penalty is a custodial sentence of not less than three years for any person who enlists a child under the age of fifteen into armed forces or groups or recruits them for this purpose or uses them to participate in armed conflicts.
In especially serious cases, and in particular where the offence affects a number of children or the offender acts in a cruel manner, a custodial sentence of life may be imposed
In less serious cases, a custodial sentence of not less than one year may be imposed.
d. Prohibited methods of warfare
Art. 264g
The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
launches an attack although they know or must reasonably believe that such an attack will cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
uses a person protected by international humanitarian law as a human shield in order to influence military operations;
as a method of warfare, pillages or otherwise unlawfully appropriates property or destroys or seizes enemy property in a way not imperatively demanded by the necessities of war, deprives civilians of objects indispensable to their survival or impedes relief supplies;
kills or wounds an enemy combatant treacherously or after the enemy has laid down their arms or no longer has a means of defence;
mutilates a dead enemy combatant;
as the commander orders that no quarter be given or threatens the enemy that no quarter will be given;
makes improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, or the distinctive emblems under international humanitarian law;
as a member of an occupying power, transfers parts of its own civilian population into the territory it is occupying or deports all or parts of the population of the occupied territory within or outside that territory.
In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
In less serious cases, a custodial sentence of not less than one year may be imposed.
e. Using prohibited weapons
Art. 264h
The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
employs poison or poisoned weapons;
employs biological or chemical weapons, including poisonous or asphyxiating gases, substances and liquids;
employs bullets which expand or flatten easily or explode in the human body;
employs weapons primarily designed to cause injury through splinters that cannot be detected by x-ray equipment;
employs laser weapons primarily designed to cause permanent blindness.
In especially serious cases, a custodial sentence of life may be imposed
4. Violation of a ceasefire or peace agreement. Offences against a peace negotiator. Delayed repatriation of prisoners of war
Art. 264i
The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who:
continues military operations after receiving official notification of an agreement on a ceasefire or a peace agreement, or violates the conditions of the ceasefire in some other way;
abuses, insults or without reason obstructs an opposing peace negotiator or any of the negotiator’s party;
without justification delays the repatriation of prisoners of war after conclusion of military operations.
5. Other violations of international humanitarian law
Art. 264j
The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who in connection with an armed conflict violates a provision of international humanitarian law other than those mentioned in Articles 264c–264i, where such a violation is declared to be an offence under customary international law or an international treaty recognised as binding by Switzerland.
Title Twelvequater361 Common Provisions for Title Twelvebis and Title Twelveter
Art. 264k Criminal liability of superiors
A superior who is aware that a subordinate is carrying out or will carry out an act under the Title Twelvebis or Title Twelveter and who fails to take appropriate measures to prevent the act shall be liable to the same penalty as the perpetrator of the act. If the superior fails to prevent the act through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
A superior who is aware that a subordinate has carried out an act under Title Twelvebis or Title Twelveter and who fails to take appropriate measures to ensure the prosecution of the perpetrator of the act shall be liable to a custodial sentence not exceeding three years or a monetary penalty.
Art. 264l Acting on orders
A subordinate who, on orders from a superior or on orders of equivalent binding effect, carries out an act under Title Twelvebis or Title Twelveter shall be guilty of an offence if they were aware at the time that the act is an offence.
Art. 264m Acts carried out abroad
A person who carries out an act under Title Twelvebis, Title Twelveter or Article 264k while abroad is guilty of an offence if they are in Switzerland and are not extradited to another State or delivered to an international criminal court whose jurisdiction is recognised by Switzerland.
Where the victim of the act carried out abroad is not Swiss and the perpetrator is not Swiss, the prosecution, with the exception of measures to secure evidence, may be abandoned or may be dispensed with provided:
a foreign authority or an international criminal court whose jurisdiction is recognised by Switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court; or
the suspected perpetrator is no longer in Switzerland and is not expected to return there.
Article 7 paragraphs 4 and 5 applies unless the acquittal, or the remission or application of time limits for the execution of the sentence abroad has the aim of protecting the offender from punishment without justification.
Art. 264n Exclusion of relative immunity
The prosecution offences under Title Twelvebis, Title Twelveter and under Article 264k does not require authorisation in accordance with any of the following provisions:
Article 7 paragraph 2 letter b of the Criminal Procedure Code362;
Article 14 and 15 of the Government Liability Act of 14 March 1958363;
Article 17 of the Parliament Act of 13 December 2002364;
Article 61a of the Government and Administration Organisation Act of 21 March 1997365;
Article 11 of the Federal Supreme Court Act of 17 June 2005366;
Article 12 of the Federal Administrative Court Act of 17 June 2005367;
Article 16 of the Patent Court Act of 20. March 2009368;
Article 50 of the Criminal Justice Authorities Act of 19 March 2010369.
Title Thirteen Felonies and Misdemeanours against the State and National Security
1. Felonies and misdemeanours against the state
Art. 265 High treason
Any person who carries out an act with the aim, through the use of violence,
of changing the constitution of the Confederation370 or of a canton371,
of deposing the constitutionally appointed state authorities or rendering them unable to exercise their powers, or
of severing an area of Swiss territory from the Confederation or a part of cantonal territory from a canton,
shall be liable to a custodial sentence of not less than one year372.
Art. 266 Attacks on the independence of the Confederation
Any person who carries out an act with the aim of
violating or endangering the independence of the Confederation or
endangering the independence of the Confederation by bringing about the interference of a foreign power in federal affairs,
shall be liable to a custodial sentence of not less than one year.
Any person who enters into a relationship with the government of a foreign state or its agents with the aim of bringing about a war against the Confederation shall be liable to a custodial sentence of not less than three years.
In serious cases a life sentence may be imposed.373
Art. 266bis374 Foreign operations and activities directed against the security of Switzerland
Any person who, with the intention of bringing about or supporting foreign operations or activities directed against the security of Switzerland, contacts a foreign state, foreign parties, or other foreign organisations or their agents, or issues or disseminates false or distorted information shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
In serious cases, a custodial sentence of not less than one year shall be imposed.375
Art. 267 Diplomatic treason
Any person who intentionally makes known or makes accessible to a foreign state or its agents or to the general public a secret, the preservation of which is necessary in the interests of the Confederation,376
any person who falsifies, destroys, disposes of or steals documents or evidence relating to legal relations between the Confederation or a canton and a foreign state and thus intentionally endangers the interests of the Confederation or the canton, or
any person who, as the authorised representative of the Confederation, conducts negotiations with a foreign government which are intended to be detrimental to the Confederation,
shall be liable to a custodial sentence of not less than one year.
Any person who intentionally makes known or makes accessible to the general public a secret, the preservation of which is necessary in the interests of the Confederation shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.377
If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.378
Art. 268 Moving of national boundary markers
Any person who removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker which serves to indicate a national, cantonal or communal boundary shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 269 Violation of Swiss territorial sovereignty
Any person forcibly enters Swiss territory in violation of international law shall be liable to a custodial sentence or to a monetary penalty.
Art. 270 Attacks on Swiss national emblems
Any person who maliciously removes, damages or acts in an insulting manner towards a Swiss national emblem which is displayed by a public authority, and in particular the coat of arms or the flag of the Confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 271379 Unlawful activities on behalf of a foreign state
Any person who carries out activities on behalf of a foreign state on Swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official,
any person who carries out such activities for a foreign party or organisation,
any person who facilitates such activities,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.380
Any person who abducts another by using violence, false pretences or threats and takes that other person abroad in order to hand them over to a foreign authority, party or other organisation or to expose them to a danger to life or limb shall be liable to a custodial sentence of not less than one year.
Any person who makes preparations for such an abduction shall be liable to a custodial sentence or to a monetary penalty.
2. Espionage
Art. 272381 Political espionage
Any person who provides political intelligence-gathering services or organises such services in the interest of a foreign state, a foreign party or any other foreign organisation, to the detriment of Switzerland or its citizens, inhabitants or organisations,
any person who recruits others for or facilitates such services,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
In serious cases, the penalty is a custodial sentence of not less than one year. A serious case is constituted, in particular, where the offender incites activities or makes false reports such that the internal or external security of the Confederation is threatened.
Art. 273 Industrial espionage
Any person who seeks to obtain a manufacturing or trade secret in order to make it available to an external official agency, a foreign organisation, a private enterprise, or the agents of any of these, or,
any person who makes a manufacturing or trade secret available to a foreign official agency, a foreign organisation, a private enterprise, or the agents of any of these,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.382
Art. 274383 Military espionage
Any person who conducts or organises military intelligence-gathering services on behalf of a foreign state and to the detriment of Switzerland,
any person who recruits others to conduct or facilitates such services,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
In serious cases, a custodial sentence of not less than one year shall be imposed.384
Any correspondence and materials shall be confiscated.
3. Endangering the constitutional order
Attacks on the constitutional order
Art. 275385
Any person who carries out an act which is intended to disrupt or alter the constitutional order of the Confederation386 or the cantons387 in an unlawful manner shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 275bis and 275ter388
4. Disruption of military security
Art. 276 Incitement and inducement to violate military duties
Any person who publicly incites others to disobey military orders, to violate military duties, to refuse to perform military service or to desert, and
any person who induces a person obliged to perform military service to carry out such an act,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Where the incitement or inducement relates to mutiny or the preparation for mutiny, a custodial sentence or a monetary penalty shall be imposed.
Art. 277389 Forgery of military orders or instructions
Any person who intentionally forges, falsifies, suppresses or removes a call-up order, mobilisation order or marching order, or instructions intended for those obliged to perform military service, and
any person who makes use of such a forged or falsified order or instruction,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offence is committed through negligence, a monetary penalty shall be imposed.
Art. 278 Disruption of military service
Any person who prevents a member of the armed forces from carrying out their military service or obstructs them in the course of their service shall be liable to a monetary penalty.390
Title Fourteen Misdemeanours against the Will of the People
Art. 279 Disruption and obstruction of elections and votes
Any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts a meeting, election or vote organised under the terms of the constitution or the law, and any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts the collection of signatures for or the handing-over of a petition requesting a referendum or initiative,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 280 Attacks on the right to vote
Any person who by the use of violence or the threat of seriously detrimental consequences prevents a voter from exercising their right to vote or to sign a petition requesting a referendum or initiative, and
any person who by the use of violence or the threat of seriously detrimental consequences coerces a voter into exercising their right to vote or into voting in a particular way,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 281 Corrupt electoral practices
Any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for voting in a particular way, or in return for signing or refusing to sign a request for a referendum or an initiative,
any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for not participating in an election or vote, and
any person who as a voter secures the promise of or arranges for themselves to be given such an advantage,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 282 Electoral fraud
Any person who forges, falsifies, removes or destroys an electoral register,
any person who participates in an election or a vote, or signs a request for a referendum or an initiative without authority, and
any person who falsifies the results of an election or vote or a petition requesting a referendum or initiative, in particular by adding, altering, omitting, deleting ballot papers or signatures, counting them incorrectly or incorrectly certifying the result,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender acts in official capacity, a custodial sentence of from one month to three years or a monetary penalty of not less than 30 daily penalty units shall be imposed.391
Art. 282bis392 Vote catching
Any person who systematically collects, completes or alters ballot papers, or distributes ballot papers which have been completed or altered in this way shall be liable to a fine.
Breach of voting secrecy
Art. 283
Any person who obtains knowledge by unlawful means of how individuals have voted shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 284393
Title Fifteen Offences against Official Powers
Art. 285 Violence and threats against public authorities and public officials
Any person who by the use of violence or threats prevents an authority, one of its members or a public official from carrying out an official act, or coerces them to carry out such an act, or attacks them while they are carrying out such an act shall be liable to a custodial sentence not exceeding three years. In minor cases, a monetary penalty may be imposed.394
Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957395, the Passenger Transport Act of 20 March 2009396 and the Goods Transport Act of 19 December 2008397, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010398 on the Security Units of Public Transport Companies.399
If the offence is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years. In minor cases, a monetary penalty may be imposed.
Any participant who uses violence against persons or property shall be liable to custodial sentence of from one month to three years
Any participant who uses violence against property shall be liable to custodial sentence of from one month to three years or to a monetary penalty of not less than 90 daily penalty units.400
Art. 286401 Prevention of an official act
Any person who prevents a public authority, one of its members or a public official from carrying out an act which is one of their official duties shall be liable to a monetary penalty not exceeding 30 daily penalty units.
Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957402, the Passenger Transport Act of 20 March 2009403 and the Goods Transport Act of 19 December 2008404, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010405 on the Security Units of Public Transport Companies.406
Usurpation office
Art. 287
Any person who with unlawful intention usurps the exercise of an official function or military command shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 288407
Art. 289 Removal of seized property
Any person who removes from official control an item of property which has been officially seized shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 290 Breaking the seals
Any person who breaks open, removes or renders ineffective an official mark and in particular an official seal which is used to close or identify an object shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 291 Breach of an expulsion order or a contact prohibition and exclusion order
Any person who breaches an order issued by a competent authority to expel them from the territory of the Swiss Confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
The duration the sentence is not taken into account in determining the length of the period of expulsion.
Art. 292 Contempt official orders
Any person who fails to comply with an official order that has been issued to them by a competent authority or public official under the threat of the criminal penalty for non-compliance in terms of this Article shall be liable to a fine.
Art. 293 Publication of secret official proceedings
Any person who publishes information from the files, proceedings or official investigations of a public authority which have been declared secret by that authority by law or by a lawful order issued by the authority shall be liable to a fine.408
Complicity is also a criminal offence.
The act does not carry a penalty unless publication is contrary to an overriding public or private interest.409
Art. 294410 Breach of an activity prohibition order or a contact prohibition and exclusion order
Any person who carries on an activity that they are prohibited from carrying on by a prohibition order under Article 67 hereof, Article 50 of the Military Criminal Code of 13 June 1927411 (MCC) or Article 16a JCLA412 shall be liable to a custodial sentence not exceeding one year or monetary penalty.
Any person who contacts or approaches one or more specific persons or persons in a specific group or who is present in a specific location when they are prohibited from so doing or being by a contact prohibition and exclusion order under Article 67bb hereof, Article 50b MCC or Article 16a JCLA shall be liable to a custodial sentence not exceeding one year or monetary penalty.
Art. 295413 Failure to comply with probation assistance or instructions
Any person who fails to comply with probation assistance ordered by the court or the executive authority or with instructions issued by the court or the executive authority shall be liable to a fine.
Title Sixteen Offences Detrimental to Foreign Relations
Art. 296414 Insulting a foreign state
Any person who publicly insults a foreign state in the person of its head of state, the members of its government, its diplomatic representatives, its official delegates to a diplomatic conference taking place in Switzerland, or one of its official representatives to an international organisation or department thereof based or sitting in Switzerland shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 297415 Insulting an international organisation
Any person who publicly insults an international organisation or department thereof based or sitting in Switzerland in the person of one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 298 Attacks on the national emblems of a foreign state
Any person who maliciously removes, damages or conducts themselves in an insulting manner towards a national emblem of a foreign state, and in particular its coat of arms or flag which is publicly displayed by one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 299 Violation of foreign territorial sovereignty
Any person who violates the territorial sovereignty of a foreign state, in particular by conducting official activities without authorisation on foreign territory,
any person who enters foreign territory in breach of international law,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who attempts from within Swiss territory to disrupt the political order of a foreign state through the use of force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 300 Hostility towards a country at war or foreign troops
Any person who from neutral Swiss territory acts in a hostile manner towards or supports hostile acts against a country at war,
any person who acts in a hostile manner towards foreign troops who have been admitted to Switzerland,
shall be liable to a custodial sentence or to a monetary penalty.
Art. 301 Military espionage against a foreign state
Any person who conducts or organises the conduct of military intelligence gathering services on Swiss territory for a foreign state against another foreign state, and
any person who recruits persons for or facilitates such services,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any correspondence and other materials shall be forfeited.
Art. 302416 Prosecution
Felonies and misdemeanours under this Title are only prosecuted on the authority of the Federal Council.
The Federal Council shall order a prosecution only if a request to do so is received from the government of the foreign state in the case of Article 296 or from a governing officer of the international organisation in the case of Article 297. In times of active service, the Federal Council may also order a prosecution in the absence of a request.
In the case of Articles 296 and 297, the right to prosecute is subject to a limitation period of two years.417
Title Seventeen Felonies and Misdemeanours against the Administration of Justice
Art. 303418 False accusation
Any person who makes an accusation to the authorities that a person whom they know to be innocent has committed a felony or a misdemeanour, with the intention of causing a criminal prosecution to be brought against that person,
any person who otherwise carries out mendacious acts with the intention of causing a criminal prosecution to be brought against a person whom they know to be innocent,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the false accusation relates to a contravention, a custodial sentence not exceeding one year or a monetary penalty shall be imposed.
Art. 304 Misleading the judicial authorities
Any person who reports the commission of a criminal offence to the judicial authorities which they know has not been committed,
any person who falsely reports to the judicial authorities that they have themselves committed an offence,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
…419
Art. 305 Assisting offenders
Any person who assists another to evade prosecution, the execution of a sentence, or the execution of any of the measures provided for in Articles 59–61, 63 and 64420 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any person who assists a person who is being prosecuted or has been convicted outside Switzerland in respect of a felony in accordance with Article 101 to evade prosecution or the execution of a custodial sentence or a measure within the meaning of Articles 59–61, 63 or 64 in that place shall be liable to the same penalties as in paragraph 1.421
If the person assists a relative or another person to whom they are so closely related that their conduct is excusable, they shall not be liable to any penalty.422
Art. 305bis423 Money laundering
Any person who carries out an act that is aimed at frustrating the identification of the origin, the tracing or the forfeiture of assets which they know or must reasonably believe originate from a felony or aggravated tax misdemeanour shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.424
1bis. An aggravated tax misdemeanour is any of the offences set out in Article 186 of the Federal Act of 14 December 1990425 on Direct Federal Taxation and Article 59 paragraph 1 clause one of the Federal Act of 14 December 1990426 on the Harmonisation of Direct Federal Taxation at Cantonal and Communal Levels, if the tax evaded in any tax period exceeds 300 000 francs.427
In serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty.428
A serious case is constituted, in particular, where the offender:
429acts as a member of a criminal or terrorist organisation;
acts as a member of a group that has been formed for the purpose of the continued conduct of money laundering activities; or
achieves a large turnover or substantial profit through commercial money laundering.
The offender is also liable to the foregoing penalties where the main offence was committed abroad, provided such an offence is also liable to prosecution at the place of commission.430
Art. 305ter432 Insufficient diligence in financial transactions and right to report 431
Any person who as part of their profession accepts, holds on deposit, or assists in investing or transferring outside assets and fails to ascertain the identity of the beneficial owner of the assets with the care that is required in the circumstances shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.433
The persons included in paragraph 1 above are entitled to report to the Money Laundering Reporting Office in the Federal Office of Police any observations that indicate that assets originate from a felony or an aggravated tax misdemeanour in terms of Article 305bis number 1bis.434
Art. 306 Perjury by a party to civil proceedings
Any person who is a party to civil proceedings and, following an express caution by the judge that they must tell the truth and notification of the penalties for failure to do so, gives false evidence in relation to the case shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
…435
If the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty.436
Art. 307 Perjury. Perjury by an expert witness. False translation
Any person who appears in judicial proceedings as a witness, expert witness, translator or interpreter and gives false evidence or provides a false report, a false expert opinion or a false translation in relation to the case shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
…437
If the false statement relates to matters that are irrelevant to the court’s decision, a monetary penalty shall be imposed.438
Art. 308439 Mitigation of the sentence and exempted acts
If the offender corrects a false accusation (Art. 303), false report of an offence (Art. 304) or a false statement (Art. 306 and 307) of their own accord and before it has caused any legal detriment to others, the court may reduce the sentence (Art. 48a) or waive a penalty.
The offender shall not be liable to a penalty if they have made a false statement (Art. 306 and 307) because:
by testifying truthfully, they would risk prosecution; or
by testifying truthfully, a relative or another person to whom they are so closely related that their conduct is excusable would risk prosecution.
Art. 309440 Administrative cases and proceedings before international courts
Articles 306–308 also apply to:
the administrative court proceedings, arbitration proceedings and proceedings before public authorities and public officials who are entitled to examine witnesses;
proceedings before international courts where Switzerland recognises their mandatory jurisdiction.
Art. 310 Assisting prisoners to escape
Any person who by using force, threats or false pretences, frees or assists in the escape of a person under arrest, a convicted prisoner or a person committed to an institution by official order shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the act is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Any participants who commit acts of violence against persons or property shall be liable to a custodial sentence of from three months to three years or to a monetary penalty of not less than 90 daily penalty units.441
Art. 311 Prison mutiny
Convicted prisoners or other persons who have been committed to an institution by official order who form a riotous assembly with the common intent
to attack the officers of the institution or other persons entrusted with their supervision,
to coerce these persons by force or the threat of force to carry out acts or abstain from carrying out acts, or
to break out of the institution by using force,
are liable to a custodial sentence of from one month to three years or to a monetary penalty of not less than 30 daily penalty units.442
Any participant who commits acts of violence against persons or property shall be liable to a custodial sentence of from three months to five years or to a monetary penalty of not less than 90 daily penalty units.443
Title Eighteen Offences against Official or Professional Duty
Art. 312 Abuse of public office
Any member of an authority or a public official who abuses their official powers in order to secure an unlawful advantage for themselves or another or to cause prejudice to another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 313444 Overcharging of taxes
Any public official who, with the intention of securing a gain for themselves or another, levies taxes, fees or other charges which are not due or which exceed the statutory rates shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Misconduct in public office
Art. 314445
Any member of an authority or public official who, in the course of a legal transaction and, with the intention of obtaining an unlawful advantage for themselves or another, damages the public interests that they have a duty to safeguard shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 315–316446
Art. 317447 Forgery of a document by a public official
Any public official or person acting in an official capacity who intentionally forges or falsifies a document or uses the genuine signature or handwriting of another to produce a false document,
any public official or person acting in an official capacity who intentionally falsely certifies a fact of legal significance, and in particular falsely certifies the authenticity of a signature or handwriting or the accuracy of a copy,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
If the offence is committed through negligence, a monetary penalty shall be imposed.448
Art. 317bis449 Exempted acts
Any person who, as part of a covert investigation, produces, amends or uses documents with the approval of a court in order to construct or maintain their cover story or produces, amends or uses documents with the authorisation of the Federal Intelligence Service (FIS) under Article 17 IntelSA450 or the authorisation of the Head of the Federal Department of Defence, Civil Protection and Sport (DDPS) in accordance with Article 18 IntelSA in order to create or maintain their cover story or assumed identity does not commit an offence under Articles 251, 252, 255 and 317.451
Any person who, with authorisation for a covert investigation or as instructed by the competent authority under Article 17 or 18 IntelSA, produces or amends official documents for the purposes of cover stories or assumed identities does not commit an offence under Articles 251, 252, 255 and 317.452
Any person who produces, amends or uses official documents under the Federal Act of 23 December 2011453 on Extra-Procedural Witness Protection does not commit an offence under Articles 251, 252, 255 and 317.454
Art. 318 Issuing a false medical certificate
Any doctor, dentist, veterinary surgeon or midwife who intentionally issues a certificate, the content of which is untrue, for the purpose of being produced to the authorities or to obtain an unlawful advantage, or which may prejudice the substantial and lawful interests of third parties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
If the offender has requested, accepted or secured the promise of recompense, a custodial sentence not exceeding five years or to monetary penalty shall be imposed.455
…456
Art. 319 Assistance by a public official in the escape of prisoners
Any public official who assists or allows a person under arrest, a convicted prisoner or a person committed to an institution by official order to escape shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 320457 Breach of official secrecy
Any person who discloses secret information that has been confided to them in their capacity as a member of an authority or as a public official or which has come to their knowledge in the execution of their official duties or as an auxiliary to a public official or an authority shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
A breach of official secrecy remains an offence following termination of employment as a member of an authority or as a public official or of the auxiliary activity.
The offender is not liable to any penalty if they have disclosed the secret information with the written consent of their superior authority.
Art. 321 Breach of professional confidentiality
Any person who, in their capacity as a member of the clergy, lawyer, defence lawyer, notary, patent attorney, auditor subject to a duty of confidentiality under the Code of Obligations (CO)458, doctor, dentist, chiropractor, pharmacist, midwife, psychologist, nurse, physiotherapist, occupational therapist, dietician, optometrist, osteopath or as an assistant to any of the foregoing persons, discloses confidential information that has been confided to them in their professional capacity or which has come to their knowledge in the practice of their profession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.459
A student who discloses confidential information that has come to their knowledge in the course of their studies is also liable to the foregoing penalties.
A breach of professional confidentiality remains an offence following the termination of professional employment or of the studies.
The person disclosing the information is not liable to any penalty if they do so with the consent of the person to whom the information pertains or on the basis of written authorisation issued in response to their request by a superior authority or supervisory authority.
The federal and cantonal provisions on the duties to report and cooperate, the duty to testify and on the obligation to provide information to an authority are reserved.460
Art. 321bis461 Breach of professional confidentiality in research involving human beings
Any person who discloses without authorisation a professional secret that has come to their knowledge in the course of their research activities involving human beings in accordance with the Human Research Act of 30 September 2011462 shall be liable to a penalty in accordance with Article 321.
Professional secrets may be disclosed for the purpose of research into human diseases and concerning the structure and function of the human body if the requirements of Article 34 of the Human Research Act of 30 September 2011 are met and authorisation for disclosure has been obtained from the responsible ethics committee.
Art. 321ter463 Breach of postal or telecommunications secrecy
Any person who in their capacity as a public official, employee or auxiliary of an organisation providing postal or telecommunications services reveals to a third party details of customers' post, payments or telecommunications, opens sealed mail or tries to find out its content, or allows a third party the opportunity to carry out such an act shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
The foregoing penalties also apply to any person who by deception causes a person bound by a duty of confidentiality in terms of paragraph 1 to breach their obligation of secrecy.
A breach of postal or telecommunications secrecy remains an offence even after termination of employment as a public official, employee or auxiliary of an organisation providing postal or telecommunication services.
A breach of postal or telecommunications secrecy does not carry a penalty if it is carried out in order to determine the identity of the entitled person.464
Article 179octies is reserved, together with the federal and cantonal provisions on the obligations to give evidence or provide information to a public authority.
Art. 322465 Breach of the media duty to provide information
Media organisations are obliged, at the request of any person, to reveal immediately and in writing their place of business and the identity of those responsible for their publications (Art. 28 para. 2 and 3).466
Newspapers, magazines or periodicals must indicate in an imprint the place of business of their media organisation, significant holdings in other organisations and the editor responsible. If the editor is responsible only for part of the newspaper, magazine or periodical, it must be indicated that they are the editor responsible for that part. Details of the editors responsible must be given for each part of the newspaper, magazine or periodical.
In the event of any violation of the provisions of this Article, the manager of the media organisation shall be liable to a fine. If the person indicated as editor (Art. 28 para. 2 and 3) does not in fact hold such a position, this also constitutes an offence.467
Art. 322bis468 Failure to prevent an illegal publication
Any person who, as the person responsible in terms of Article 28 paragraphs 2 and 3, intentionally fails to prevent the publication of material, the publication of which constitutes an offence shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offence is committed through negligence, the penalty is a fine.
If the penalty for the offence that applies to the author in accordance with Article 28 paragraph 1 is less severe, that penalty shall be imposed.
If the offence committed by the author is only prosecuted on complaint, the offence under paragraph 1 shall only be prosecuted if a complaint has been made against the author.
Title Nineteen469 Bribery
1. Bribery of Swiss public officials
Art. 322ter Bribery
Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces an undue advantage, or offers, promises or gives such an advantage to a third party in order to cause the public official to carry out or to fail to carry out an act in connection with their official activity which is contrary to their duty or dependent on their discretion,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 322quater Accepting bribes
Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator demands, secures the promise of or accepts an undue advantage for that person or for a third party in order that they carry out or fail to carry out an act in connection with their official activity which is contrary to their duty or dependent on their discretion,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 322quinquies470 Granting an advantage
Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator or a member of the armed forces an undue advantage for that person or for a third party in order that the person carries out their official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 322sexies471 Accepting an advantage
Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator, demands, secures the promise of, or accepts an undue advantage for themselves or for a third party in order that they carry out their official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2. Bribery of foreign public officials
Art. 322septies
Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces who is acting for a foreign state or international organisation an undue advantage, or gives such an advantage to a third party, in order that the person carries out or fails to carry out an act in connection with their official activities which is contrary to their duty or dependent on their discretion,
any person who as a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces of a foreign state or of an international organisation demands, secures the promise of, or accepts an undue advantage for themselves or for a third party in order that they carry out or fail to carry out an act in connection with their official activity which is contrary their duty or dependent on their discretion472
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
3. Bribery of private individuals
Art. 322octies473 Bribery
Any person who offers, promises or gives an employee, partner, agent or any other auxiliary of a third party in the private sector an undue advantage for that person or a third party in order that the person carries out or fails to carry out an act in connection with their official activities which is contrary to their duty or dependent on their discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
In minor cases, the offence is only prosecuted on complaint.
Art. 322novies474 Accepting bribes
Any person who as an employee, partner, agent or any other auxiliary of a third party in the private sector demands, secures the promise of, or accepts an undue advantage for themselves or for a third party in order that the person carries out or fails to carry out an act in connection with their official activities which is contrary to their duty or dependent on their discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
In minor cases, the offence is only prosecuted on complaint.
4. General provisions
Art. 322decies475
The following are not undue advantages:
advantages permitted under public employment law or contractually approved by a third party;
negligible advantages that are common social practice.
Private individuals who fulfil official duties are subject to the same provisions as public officials.
Title Twenty476 Contraventions of Federal Law
Art. 323477 Failure of a debtor to comply with the regulations governing debt enforcement and bankruptcy proceedings
The following persons are liable to a fine:
a debtor who is not present or has not appointed a representative to be present at the distraint of or the recording of an inventory of their assets of which they have been given lawful notice (Art. 91 para. 1 no 1, 163 para. 2 and 341 para. 1 DEBA478);479
a debtor who fails to disclose their assets including those not in their possession, or their claims and rights against third parties to the extent required to obtain satisfaction by distraint or to implement an attachment (Art. 91 para. 1 para. 2 and 275 DEBA);
a debtor who fails to fully disclose their assets including those not in their possession, or their claims and rights against third parties on the recording of an inventory of assets (Art. 163 para. 2, 341 para. 1 DEBA);480
a debtor who fails to disclose or make available all their assets to the bankruptcy office (Art. 222 para. 1 DEBA);
a debtor who does not make themselves available to the bankruptcy administrator during the bankruptcy proceedings unless they have special permission to be excused this duty (Art. 229 para. 1 DEBA).
Art. 324481 Failure of third parties to comply with the regulations governing debt collection, bankruptcy and composition proceedings
The following persons are liable to a fine:
any adult person who shared a household with a debtor who is deceased or has absconded and who fails to disclose full details of that debtor's assets and to make themselves available to the bankruptcy office (Art. 222 para. 2 DEBA482);
any debtor of a bankrupt who fails to report to the bankruptcy office within the time limit (Art. 232 para. 2 para. 3 DEBA);
any person who possesses items belonging to a debtor as a pledgee or for any other reason and fails to deliver such items to the bankruptcy office within the time limit (Art. 232 para. 2 para. 4 DEBA);
any person who possesses items belonging to a debtor as a pledgee and fails to deliver such items to the liquidators after expiry of the deadline for realisation (Art. 324 para. 2 DEBA);
any third party who fails to comply with their duty to provide information and to deliver assets in accordance with Articles 57a paragraph 1, 91 paragraph 4, 163 paragraph 2, 222 paragraph 4 and 341 paragraph 1 of the DEBA.483
Art. 325 Failure to comply with accounting regulations
Any person who intentionally or through negligence fails to comply with the statutory duty to keep proper accounts or to preserve accounts, business correspondence and business telegrams,
any person who intentionally or through negligence fails to comply with the statutory duty to preserve accounts, business correspondence and business telegrams,
shall be liable to a fine.
Art. 325bis484 Infringement of the regulations on reporting payments to state bodies
A person shall be liable to a fine if they intentionally commit any of the following acts:
providing false information in the report on payments made to state bodies in accordance with Article 964d CO485 or wholly or partly failing to make the required report;
failing to comply with the obligation to keep and retain reports on payments to state bodies in accordance with Article 964h CO.
Art. 325ter486 Infringement of other reporting obligations
A person shall be liable to a fine not exceeding 100 000 francs if they intentionally commit any of the following acts:
providing false information in the reports in accordance with Articles 964a, 964b and 964l CO487 or failing to make the required reports;
failing to comply with the statutory obligation to retain and document the reports in accordance with Articles 964c and 964l CO.
A person who acts through negligence shall be liable to a fine not exceeding 50 000 francs.
Art. 325quater488 Failure to comply with the regulations governing the protection of tenants of domestic and commercial properties
Any person who prevents or attempts to prevent a tenant by the threat of detrimental consequences, and in particular the termination of the lease, from contesting the level of rent or other claims of the landlord,
any person who serves notice of termination on the tenant because the tenant asserts or wishes to assert their rights under the CO489, or
any person who unlawfully demands or attempts to demand payment of rent or other claims after the failure of an attempt to reach agreement thereon or following a court judgment thereon,
shall be liable on complaint by the tenant to a fine.
Application to legal entities, trading companies and sole proprietorships490
1. …
Art. 326491
2. In cases falling under Article 325quater492
Art. 326bis493
Where the acts constituting offences under Article 325quater are committed while attending to the affairs of a legal entity, general or limited partnership or sole proprietorship494 or otherwise in the provision of commercial or business services to another, the criminal provisions apply to those natural persons who have committed the acts.495
An employer or principal who is aware of the offence or becomes aware of the offence subsequently and who, although they are in a position to do so, fails to prevent the offence or to remedy its consequences shall be liable to the same penalties as the offender.
If the employer or principal is a legal entity, general or limited partnership, sole proprietorship496 or corporate body without legal personality, paragraph 2 applies to the culpable management bodies, members of the management bodies, executive partners, de facto managers or liquidators.
Art. 326ter497 Contravention of the law on business and other names
Any person who uses a name for a legal entity or branch entered in the Commercial Register that does not correspond to the name entered in the Commercial Register and which may be misleading,
any person who uses a misleading name for a legal entity or branch not entered in the Commercial Register, or
any person who gives the impression that a foreign legal entity not entered in the Commercial Register has its registered office or a branch in Switzerland,
shall be liable to a fine498.
Art. 326quater499 Provision of false information by an employee benefits institution
Any person who as a management officer of an employee benefits institution is under a statutory obligation to provide information to beneficiaries and supervisory bodies but fails to provide any information or provides false information shall be liable to a fine.
Art. 327500 Violation of obligations to give notice of the beneficial owner of shares or capital contributions
Any person who intentionally fails to comply with obligations under Article 697jj paragraphs 1–4 or Article 790a paragraphs 1–4 of the CO501 to give notice of beneficial owner of shares or capital contributions shall be liable to a fine.
Art. 327a502 Violation of company law obligations on keeping registers
A person shall be liable to a fine if they intentionally fail to keep any of the following registers in accordance with the regulations or if they infringe associated company law obligations:
in the case of a company limited by shares: the share register in accordance with Article 686 paragraphs 1–3 and 5 CO503 or the register of the beneficial owners of the shares in accordance with Article 697l CO;
in the case of a limited liability company: the register of contributions in accordance with Article 790 paragraphs 1–3 and 5 CO or the register of the beneficial owners of the capital contributions in accordance with Article 790a paragraph 5 CO in conjunction with Article 697l CO;
in the case of a cooperative: the register of cooperative members in accordance with Article 837 paragraphs 1 and 2 CO;
in the case of an investment company with variable capital (Art. 36 of the Collective Investment Schemes Act of 23 June 2006504); the share register recording the company shareholders or the register of the beneficial owners of the shares held by the company shareholders in accordance with Article 46 paragraph 3 of the Collective Investment Schemes Act of 23 June 2006.
Failure to comply with the statutory obligations of associations
Art. 327b505
Any person who intentionally fails to comply with the any of obligations for associations specified in Articles 61a and 69 paragraph 2 of the Civil Code506 shall be liable to a fine.
Art. 328507
Breach of military secrecy
Art. 329
Any person who unlawfully
enters buildings or any other places, the access to which is prohibited by the military authorities,
makes drawings, diagrams or plans or takes photographs or makes films of military establishments or objects serving the national defence, or copies or publishes such drawings, diagrams, plans, photographs or films,
shall be liable to a fine.
Attempts and complicity are also offences.
Art. 330508
Unauthorised wearing of the military uniform
Art. 331
Any person who wears the uniform of the Swiss armed forces without authority shall be liable to a fine.509
Art. 332510
Book Three511 Introduction and Application of the Code
Title One Relationship between this Code and other Federal and Cantonal Acts
Art. 333 Application of the General Provisions to other federal acts
The general provisions of this Code apply to offences provided for in other federal acts unless these federal acts themselves contain detailed provisions on such offences.
In the other federal acts, the terms below are replaced as follows:
penal servitude by a custodial sentence of more than one year;
imprisonment by a custodial sentence not exceeding three years or by a monetary penalty;
imprisonment for less than six months by a monetary penalty, whereby a one-month custodial sentence corresponds to a monetary penalty of 30 daily penalty units up to a maximum of 3000 francs.
An offence that carries a maximum penalty of detention or a fine or of a fine only is a contravention. Articles 106 and 107 apply. Article 8 of the Federal Act of 22 March 1974512 on Administrative Criminal Law is reserved. An offence is also a contravention if, in terms of another Federal Act that came into force before 1942, it carries a term of imprisonment not exceeding three months.
Sentences of lengths differing from those mentioned in paragraph 2 and Article 41 as well as fines of amounts differing from those mentioned in Article 106 are reserved.
If another federal act provides for a fine to be imposed for a felony or misdemeanour, Article 34 applies. Rules on determining a penalty that differ from Article 34 do not apply. Article 8 of the Federal Act of 22 March 1974 on Administrative Criminal Law remains reserved. If the fine is limited to a sum under 1 080 000 francs, this limit no longer applies. If the fine is limited to a sum exceeding 1 080 000 francs, this limit continues to apply. In this case, the maximum number of daily penalty units equals the current maximum fine divided by 3000.
…513
If an offence carries a custodial sentence or a monetary penalty with a minimum number of daily penalty units, the lower limit also applies to the minimum number of days in custody.514
The contraventions provided for in other federal acts are offences, even if they have been committed through negligence, unless only intentional commission is an offence in terms of the provision concerned.
Art. 334 Reference to repealed provisions
If reference is made in federal legislation to provisions being amended or repealed by this Code, the references relate to the provisions of this Code that regulate the matter.
Art. 335 Cantonal acts
The cantons retain the power to legislate on contraventions that are not the subject matter of federal legislation.
The cantons have the power to provide for sanctions for offences against cantonal administrative and procedural law.
Title Two …
Art. 336–338515
Title Three …
Art. 339–348516
Title Four Administrative Assistance on Police Matters517
Art. 349518
1. Protection of personal data.
a. Legal basis
Art. 349a519
The competent federal authorities may only disclose personal data if there is a legal basis for doing so under Article 36 paragraph 1 of the Data Protection Act of 25 September 2020520 (FADP) or if:521
disclosure of personal data is required to protect the life or physical integrity of the person concerned or of a third party;
the person concerned has made their personal data general accessible and has not expressly prohibited the disclosure of the data.
b. Equal treatment
Art. 349b522
For the disclosure of personal data to the competent authorities of states linked to Switzerland by one of the Schengen association agreements (Schengen States), no stricter data protection rules may apply than for the disclosure of personal data to Swiss criminal authorities.
Special laws providing for stricter data protection rules for the disclosure of personal data to the competent foreign authorities do not apply to disclosure to the competent authorities of the Schengen States.
c. Disclosure of personal data to a third country or an international body
Art. 349c523
Personal data may not be disclosed to the competent authority of a state which is not linked to Switzerland by one of the Schengen association agreements (third country), or to an international body if this would seriously endanger the privacy of the data subjects, in particular due to a lack of adequate protection.
Adequate protection shall be ensured by:
the legislation of the third country, if the European Union has so provided in a in a resolution;
an international treaty;
specific guarantees.
If the disclosing authority is a federal authority, it shall inform the Federal Data Protection and Information Commissioner (FDPIC) of the categories of disclosures of personal data made on the basis of specific guarantees pursuant to paragraph 2 letter c. Every disclosure is documented.524
By way of derogation from paragraph 1, personal data may be disclosed to the competent authority of a third country or an international body if disclosure is necessary in a particular case:
to protect the life or the physical integrity of the data subject or of a third party;
to prevent imminent serious danger threatening the public security of a Schengen or a third country;
to prevent, detect or prosecute a criminal offence, provided that disclosure does not conflict with the overriding legitimate interests of the data subject;
to exercise or enforce legal claims against an authority responsible for the prevention, detection or prosecution of a criminal offence, provided that disclosure does not conflict with the overriding legitimate interests of the data subject.
If the disclosing authority is a federal authority, it shall inform the FDPIC525 of the disclosures pursuant to paragraph 4.
d. Disclosure of personal data by a Schengen State to a third country or an international body
Art. 349d526
Personal data transmitted or made available by a Schengen State may be disclosed to the competent authority of a third country or an international body, only if:
the disclosure is necessary to prevent, detect or prosecute a criminal offence;
the Schengen State which transmitted or made available the personal data has given its prior consent to the disclosure; and
the requirements under Article 349c are fulfilled.
By way of derogation from paragraph 1 letter b, personal data may be disclosed in a particular case, if:
the prior consent of the Schengen State cannot be obtained in time; and
disclosure is essential to prevent an imminent serious threat to the public security of a Schengen State or a third country or for safeguarding the essential interests of a Schengen State.
The Schengen State shall be informed immediately of the disclosure referred to in paragraph 2.
e. Disclosure of personal data to a recipient established in a third country
Art. 349e527
Where it is not possible, in particular in cases of emergency, to disclose personal data to the competent authority of a third country through the normal channels of police cooperation, the competent authority may exceptionally disclose them to a recipient established in that country, provided the following requirements are fulfilled:
The disclosure is essential to fulfil a statutory task of the authority disclosing the data.
No overriding interests of the data subject worthy of protection stand in the way of disclosure.
The competent authority shall inform the recipient of the personal data at the time of disclosure that the recipient may use the data only for the purposes specified by the authority.
It shall inform the competent authority of the third country without delay of any disclosure of personal data, provided it considers this appropriate.
If the responsible authority is a federal authority, it shall inform the FDPIC without delay of any disclosure pursuant to paragraph 1.
It shall document each disclosure of personal data. The Federal Council shall regulate the details.
f. Accuracy of personal data
Art. 349f528
The competent authority shall correct incorrect personal data without delay.
It shall notify the authority which transmitted the data, made them available or disclosed them of the correction without delay.
It shall inform the recipient whether the data it has disclosed are up-to-date and reliable.
It shall also provide the recipient with any further information that can be used to distinguish:
the different categories of data subjects;
personal data based on facts and on personal assessments.
The obligation to inform the recipient ceases to apply if the information referred to in paragraphs 3 and 4 is clear from the personal data itself or from the circumstances.
g. Verification of the legality of the data processing
Art. 349g529
The data subject may request the FDPIC to check whether any data relating to the data subject are being processed lawfully if:
the data subject’s right to information about the exchange of data about them is restricted or deferred (Art. 19 and 20 FADP530);
the data subject’s right to information is denied, restricted or deferred (Art. 25 and 26 FADP); or
the data subject’s request for the rectification, destruction or deletion of data relating to them is partially or completely denied (Art. 41 para. 2 let. a FADP).531
Only a federal authority under the supervision of the FDPIC may be examined.
The FDPIC shall complete the verification; it shall notify the data subject that either no data relating to them have been unlawfully processed, or that it has opened an investigation pursuant to Article 49 FADP in the case of errors in the processing of personal data.532
If the FDPIC finds errors in the processing of the data, it shall order the competent federal authority to correct them.
The notification referred to in paragraph 3 shall always be worded in the same way and is not substantiated. It may not be contested.
h. Investigation
Art. 349h533
If a data subject credibly demonstrates that an exchange of personal data concerning them could violate the provisions on the protection of personal data, they may request the FDPIC to open an investigation pursuant to Article 49 FADP534.535
An investigation may only be opened against a federal authority that is under the supervision of the FDPIC.
The parties are the data subject and the federal authority against which the investigation has been opened.
Articles 50 and 51 FADP also apply.536
2. Cooperation with INTERPOL
a. Jurisdiction537
Art. 350
The Federal Office of Police carries out the duties of a National Central Bureau in terms of the Constitution and General Regulations of the International Criminal Police Organization (INTERPOL).
It is responsible for coordinating the exchange of information between the federal and cantonal prosecution services on the one hand and the National Central Bureaus of other states and the General Secretariat of INTERPOL on the other.
b. Tasks538
Art. 351
The Federal Office of Police coordinates the exchange of police information for the investigation and prosecution offences and for the execution of sentences and measures.
It may transmit police information for the purpose of preventing offences if there are specific indications that there is a serious probability of a felony or misdemeanour being committed.
It may coordinate the exchange of information relating to searches for missing persons and for the identification of unknown persons.
In the interest of preventing and investigating offences, the Federal Office of Police may receive and provide information from and to private individuals if this is in the interests of the persons concerned and their consent has been given or may be assumed in the circumstances.
c. Data protection539
Art. 352
The exchange of police information is governed by the principles of the Mutual Assistance Act of 20 March 1981540 as well as the Constitution and General Regulations of INTERPOL declared to be applicable by the Federal Council.
The FADP541 applies to the exchange of information in connection with searches for missing persons and the identification of unknown persons and for administrative purposes.542
The Federal Office may provide information directly to the Central Bureaus of other states provided the recipient state is subject to the INTERPOL data protection regulations.
d. Financial aid and other payments543
Art. 353
The Confederation may provide financial aid and make payments to INTERPOL.
3. Cooperation in connection with the identification of persons
Art. 354544
The responsible department shall register and store biometric criminal records data recorded and transmitted to the department by cantonal, federal and foreign authorities in connection with criminal proceedings or in fulfilment of other statutory duties. This data may be used for comparison purposes to identify a wanted or unknown person.
The following authorities may use and process data in terms of paragraph 1:
the Federal Office of Police;
the State Secretariat for Migration (SEM);
the Federal Office of Justice;
the Federal Office for Customs and Border Security545;
the Swiss representations abroad responsible for issuing visas;
the Federal Intelligence Service;
the cantonal police authorities;
the cantonal migration authorities.546
Personal data that relates data in accordance with paragraph 1 shall be processed in separate information systems; the procedure is subject to the provisions of the Federal Act of 13 June 2008547 on Federal Police Information Systems, the Asylum Act of 26 June 1998548 and the Foreign Nationals and Integration Act of 16 December 2005549 and the Customs Act of 18 March 2005550.
The data may be used:
until the expiry of the deadlines for the deletion of DNA profiles specified in Articles 16–19 des DNA Profiling Act of 20 June 2003551; or
552in the case of a conviction for a contravention: for up to five years from the date of the judgment, provided the judgment is final.553
The Federal Council shall regulate the details, and in particular the retention period for data that is recorded outside criminal proceedings, the deletion procedure and cooperation with the cantons. It shall regulate the transmission of criminal records data by the competent federal authorities and the cantons.554
SEM or the Federal Office of Police (fedpol) may transmit the data in an automated procedure to the national section of the Schengen Information System (SIS) for the purpose of issuing alerts.555
4. …
Art. 355556
5. Cooperation with Europol
a. Exchange of data557
Art. 355a558
fedpol and the Federal Intelligence Service (FIS) may pass on personal data, including sensitive personal data to the European Police Office (Europol).559
The passing on of such data is subject in particular to the requirements of Articles 3 and 10–13 of the Agreement of 24 September 2004560 between the Swiss Confederation and the European Police Office.
At the same time as passing on data, the Federal Office of Police shall notify Europol of the purpose for which the data is provided as well as of any restrictions with regard to its processing to which it is itself subject in accordance with federal or cantonal legislation.
The exchange of personal data with Europol is regarded as equivalent to an exchange with a competent authority of a Schengen State (Art. 349b).561
b. Extension of mandate562
Art. 355b563
The Federal Council is authorised to agree with Europol amendments to the scope of its mandate in accordance with Article 3 paragraph 3 of the Agreement of 24 September 2004564 between the Swiss Confederation and the European Police Office.
5bis. Cooperation under the Schengen Association Agreement.
Art. 355c565 Jurisdiction
The federal and cantonal police authorities shall implement the provisions of the Schengen Association Agreement566 in accordance with domestic law.
5ter. …
Art. 355d567
5quater. SIRENE Office
Art. 355e568
fedpol manages the central office for the exchange of supplementary information with the Schengen states (SIRENE Office).569
Das SIRENE Office is the contact, coordination and consultation point for the exchange of information in connection with the alerts in the SIS. It reviews the formal admissibility of Swiss and foreign alerts in the SIS.
Art. 355f and 355g570
5quinquies. Prüm cooperation
a. Comparison of dactyloscopic data and vehicle and vehicle owner data
Art. 356571
The Confederation and the cantons shall support the participating states, particularly in the fight against terrorism and cross-border crime, by making comparisons using information systems containing dactyloscopic data and vehicle and vehicle owner data and by exchanging information.
In accordance with Article 9 paragraph 1 of Decision 2008/615/JHA572, the national contact points of the participating states may, for the prevention and prosecution of criminal offences in individual cases, compare dactyloscopic data with the reference data in the Swiss information systems.
For the purpose of prosecuting criminal offences, the national contact point referred to in Article 357 paragraph 1 shall, on request, carry out a comparison with the dactyloscopic data in the information systems of the Contracting States.
b. National contact points
Art. 357573
Fedpol is the national contact point for the exchange of dactyloscopic data and personal data in accordance with Articles 6, 11, 15 and 16 paragraph 3 of Decision 2008/615/JHA574.
As the contact point, fedpol performs the following tasks in particular:
It carries out comparisons with dactyloscopic data held in the information system of other participating countries.
It checks hits that have been obtained on the basis of a comparison carried out by Switzerland in the fingerprint information system of a participating state.
On request, it transmits to the requesting participating State the personal data and, where provided for under Swiss law, other available information in accordance with Article 10 of Decision 2008/615/JHA.
On request or on its own initiative, it transmits personal and non-personal data in accordance with Articles 13 and 14 (major events) and 16 (prevention of terrorist offences) of Decision 2008/615/JHA.
It defines maximum search capacities for dactyloscopic data.
The following authorities may, within the scope of their statutory duties, request a comparison in accordance with paragraph 2:
fedpol;
the Office of the Attorney General of Switzerland;
the cantonal police and prosecution authorities.
The Federal Roads Office (FEDRO) is the national contact point for the exchange of data on owners or operators of vehicles and vehicle data in accordance with Article 12 paragraph 2 of Decision 2008/615/JHA. As the contact point, FEDRO grants the requesting contracting state access to the vehicle and vehicle operator data in the IVZ vehicles subsystem for the purposes of Article 12 paragraph 1 of Decision 2008/615/JHA. Access to the data is granted in accordance with Article 15 and Chapter 3 of the Annex to the Decision 2008/616/JHA575.
Terrorist offences within the meaning of Article 16 of Decision 2008/615/JHA are the felonies and misdemeanours referred to in Article 111j paragraph 6 letter a of the Foreign Nationals and Integration Act of 16 December 2005576.
Art. 358–361577
6. Notification in relation to pornography
Art. 362578
If an investigating authority establishes that pornographic articles (Art. 197 para. 4) have been produced in or imported from a foreign state, it shall immediately notify the Federal Central Office for Combating Pornography.
Title Five …
Art. 363579
Art. 364580
Title Six …
Art. 365–369581
Art. 369a582
Art. 370 and 371583
Art. 371a584
Title Seven Execution of Sentences and Measures, Probation Assistance, Institutions and Facilities
1. Duty to execute sentences and measures
Art. 372
The cantons shall execute the judgments issued by their criminal courts on the basis of this Code. They are obliged to execute the judgments of the federal criminal justice authorities in return for the reimbursement of their costs.
Decisions in criminal cases made by police authorities and other competent authorities and the decisions of prosecution services are deemed equivalent to court judgments.
The cantons shall guarantee the uniform execution of criminal sanctions.585
2. Monetary penalties, fines, costs and forfeitures
Art. 373 Execution
Legally binding decisions issued on the basis of federal or cantonal criminal law relating to monetary penalties, fines, costs and the forfeiture of property or assets may be executed anywhere in Switzerland.
Art. 374 Right of disposal
The cantons are entitled to the monetary penalties and fines imposed and the property and assets forfeited in accordance with this Code.
The Confederation is entitled to the proceeds of the cases judged by the Criminal or Appeals Chamber of the Federal Criminal Court.586
The use of proceeds for the benefit of persons harmed in accordance with Article 73 is reserved.
The provisions of the Federal Act of 19 March 2004587 on the Division of Forfeited Assets are reserved.588
3. Community service
Art. 375
The cantons are responsible for the execution of community service orders.
The competent authority decides on the nature and form of community service to be performed.
The statutory maximum number of working hours may be exceeded in the performance of community service. The regulations on health and safety in the workplace remain applicable.
4. Probation assistance
Art. 376
The cantons organise the system of probation assistance. They may delegate this duty to private organisations.
Probation assistance is normally the responsibility of the canton in which the probationer is resident.
5. Institutions and facilities
Art. 377 Duty of the cantons to establish and operate
The cantons shall establish and operate institutions and institution units for prison inmates in open and secure custody as well as for prison inmates in semi-detention and in the day release employment.
They may also provide units for special inmate groups, and in particular for:
women;
prison inmates of specific age groups;
prison inmates serving very long or very short sentences;
prison inmates that require constant care or treatment or are receiving basic or advanced training.
They shall establish and operate the institutions provided for in this Code for the execution of measures.
They shall ensure that the regulations and the operation of the institutions and facilities comply with this Code.
They shall facilitate the basic and advanced training of the staff.
Art. 378 Cooperation between the cantons
The cantons may enter into agreements on the joint establishment and operation of institutions and facilities or secure themselves a right of joint use of the institutions and facilities belonging to other cantons.
The cantons shall inform each other of the special features of their institutions and facilities, and in particular of the range of care, treatment and employment services; they shall cooperate in the allocation of prison inmates to institutions and facilities.
Art. 379 Licensing of private institutions
The cantons may grant licences to privately run institutions and facilities authorising them to execute sentences in the form of semi-detention and of day release employment together with measures under Articles 59–61 and 63.
Privately run institutions and facilities are subject to the supervision of the cantons.
Art. 380 Allocation of costs
The costs of the execution of sentences and measures are borne by the cantons.
The offender shall contribute in an appropriate manner to the costs:
by performing work while serving a sentence or undergoing a measure;
in accordance with their income or assets if they refuse to perform work assigned to them even though the work satisfies the requirements of Articles 81 or 90 paragraph 3; or
589by deduction of part of the income due to them as payment for an activity while in semi-detention, while subject to electronic monitoring, while on day release employment or while in external accommodation combined with day release employment.
The cantons shall issue detailed regulations on offenders' contributions to costs.
Title 7a590 Liability in Cases of Discharge from Lifelong Incarceration
Art. 380a
If a person subject to lifelong incarceration is released on parole or discharged from incarceration and commits a felony mentioned in Article 64 paragraph 1bis, the responsible body politic shall be liable for the resultant injury and loss.
In relation to rights of recourse against the offender and the time limits for filing claims for damages or satisfaction, the provisions of the CO591 on unlawful acts apply.
In relation to rights of recourse against the members of the authority issuing the order, cantonal law or the Government Liability Act of 14 March 1958592 applies.
Title Eight Pardons, Amnesties, Re-opening of Cases
1. Pardons
Art. 381 Jurisdiction
The right to grant a pardon in relation to convictions based on this Code or any other federal act is exercised:
593by the Federal Assembly in cases in which the Criminal or Appeals Chamber of the Federal Criminal Court or an administrative authority of the Confederation has passed judgment;
by the pardons authority of the Canton in cases in which a cantonal authority has passed judgment.
Art. 382 Pardon petition
The petition for a pardon may be filed by the offender, their legal representative or, with consent of the offender, by their defence agent, spouse or registered partner.594
In the case of political felonies and misdemeanours and in the case of offences connected with political felonies or misdemeanours, the Federal Council or the cantonal government is also entitled to initiate the pardon procedure.
The pardons authority may stipulate that the petition for a pardon that has been refused may not be filed again before the expiry of a certain period.
Art. 383 Effects
A pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence.
The pardon decree specifies the extent of the pardon.
2. Amnesties
Art. 384
The Federal Assembly may grant an amnesty in criminal matters governed by this Code or any other federal act.
An amnesty excludes the prosecution of specific offences or categories offender and grants the remission of related sentences.
3. Re-opening of cases
Art. 385
In the case of convictions based on this Code or any other federal act, where important information or evidence comes to light that was not available to the court at the time of the earlier proceedings, the cantons must allow the re-opening of the case for the benefit of the offender.
Title Nine Preventive Measures, Supplementary Provisions and General Transitional Provisions
1. Preventive measures
Art. 386595
The Confederation may employ investigative, educational and further measures aimed at preventing specific offences and crime in general.
It may support projects that have the aim mentioned in paragraph 1.
It may participate in organisations that carry out measures mentioned in paragraph 1 or establish and support such organisations.
The Federal Council regulates the nature, aims and form of the preventive measures.
2. Supplementary provisions of the Federal Council
Art. 387
The Federal Council has the power person, after consulting the cantons, to enact provisions on:
the execution of cumulative sentences, supplementary sentences and cases where two or more individual sentences are executed simultaneously;
the assignment of the responsibility for executing sentences and measures to another canton;
the execution of sentences and measures imposed on persons suffering from illness or invalidity, or elderly persons;
the execution of sentences and measures in cases under Article 80 involving women;
the wages paid to prison inmates in accordance with Article 83.
The Federal Council enacts the required provisions on the establishment of the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration (Art. 64c para. 1) relating to the appointment of members of the Commission and their remuneration, procedures and the organisation of the Commission.596
The Federal Council may at the request of the responsible cantonal authority issue special provisions on the separation of the institutions of the Canton of the Ticino.
…597
The Federal Council may by way of a trial and for limited time:
introduce or permit new penalties and measures as well as new forms of execution and modify the scope of application of existing sanctions and forms of execution;
introduce or permit the delegation of the execution of custodial sentences to privately run institutions that satisfy the requirements of this Code relating to the implementation of sentences (Art. 74–85, 91 and 92). These institutions are subject to the supervision of the cantons.
The cantonal implementing provisions for the trial of new sanctions and forms of execution and the execution of sentences by privately run institutions (para. 4) require the approval of the Confederation in order to be valid.
3. General transitional provisions
Art. 388 Execution of earlier judgments
Judgments issued in application of the previous law are executed in accordance with the previous law. The exceptions in paragraphs 2 and 3 are reserved.
Where an act that does not carry a penalty under the new law has led to conviction under the previous law, the sentence or measure imposed is no longer executed.
The provisions of the new law on the regime for the execution of sentences and measures and on the rights and obligations of prison inmates also apply to offenders who have been convicted in accordance with the previous law.
Art. 389 Limitation
Unless the law provides otherwise, the provisions of the new statute of limitations for prosecution and the execution of sentences and measures, if they are less strict, also apply to offenders who have committed offences or been convicted before this Code comes into force.
The periods of time that have elapsed before the new law comes into force are taken into account.
Art. 390 Offences prosecuted on complaint
In the case offences that are only prosecuted on complaint, the period for filing a complaint is calculated in accordance with the law that applied at the time of the offence.
If the new law requires a complaint to be filed in respect of an offence that was prosecuted ex officio under the previous law, the period for filing the complaint begins when the new law comes into force. If the prosecution has already been initiated, it may only be continued if a complaint is filed.
If the new law stipulates the ex officio prosecution of an offence that was only prosecuted on complaint under the previous law, an offence committed before the new law comes into force is only prosecuted if a complaint is filed.
4. Cantonal transitional provisions
Art. 391
The cantons shall notify the Confederation of the required transitional provisions to the Swiss Criminal Code.
5. Commencement of this Code
Art. 392
This Code comes into force on 1 January 1942.
Final Provisions of the Amendment of 18 March 1971598
Final Provisions of the Amendment of 13 December 2002599
1. Execution of sentences
1 Article 46 applies to the revocation of the suspended execution of a sentence ordered under the previous law. The court may impose a monetary penalty (Art. 34–36) or community service (Art. 37–39) instead of a custodial sentence.
2 The secondary penalties imposed under the previous law of disqualification from holding public office (prev. Art. 51600), revocation of parental authority and placing under guardianship (prev. Art. 53601), expulsion due to conviction for an offence (prev. Art. 55602), prohibition from entering premises licensed to sell alcohol (prev. Art. 56603) are repealed when the new law comes into force.
3 The provisions of the new law on the execution of custodial sentences (Art. 74–85, 91 and 92) and on probation assistance, conduct orders and the voluntary social supervision (Art. 93–96) also apply to offenders who were convicted under the previous law.
2.604 Imposition and execution of measures
1 The provisions of the new law on measures (Art. 56–65) and on the execution of measures (Art. 90) also apply to offenders who committed an offence or were convicted before the new law comes into force. However, the following also applies:
The retrospective ordering of indefinite incarceration in accordance with Article 65 paragraph 2 is permitted only if indefinite incarceration would have been possible on the basis of Article 42 or 43 number 1 paragraph 2 of the previous law.
The detention of young adults in a vocational training institution (Art. 100bis in its version of 18 March 1971605) and any measure for young adults (Art. 61) may not be for a period in excess of four years.
2 Until twelve months at the latest after the new law comes into force, the court shall assess whether persons indefinitely incarcerated under Articles 42 or 43 number 1 paragraph 2 of the previous law fulfil the requirements for imposing a therapeutic measure (Art. 59–61 or 63). If they do, the court shall impose the relevant; if not, indefinite incarceration is continued in accordance with the new law.
3.606 …
4. Institutions for the execution of measures
The cantons shall establish institutions for the implementation of measures under Articles 59 paragraph 3 and 64 paragraph 3 within ten years at the latest of these amendments coming into force.
Transitional Provision to the Amendment of 26 September 2014607
The right to information under Article 92a also applies to the execution of sentences and measures that was ordered under the previous law.
Transitional Provision to the Amendment of 12 December 2014608
Article 305bis does not apply to aggravated tax misdemeanours as defined in Article 305bis number 1bis that were committed before the amendment of 12 December 2014 comes into force.
Transitional Provision to the Amendment of 19 June 2015609
If the offender was sentenced under the previous law to a monetary penalty of more than 180 daily penalty units within the five years prior to the offence the sentence may only be suspended (Art. 42 para. 1) where the circumstances are especially favourable.