Art. 1
A penalty or measure may only be imposed for an act that has been expressly declared to be an offence by law.
311.0
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 21 December 1937 (Status as of 1 September 2023)
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:
2 Amended by No I of the FA of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).
4 Amended by No I of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
A penalty or measure may only be imposed for an act that has been expressly declared to be an offence by law.
1 This Code applies to any person who commits a felony or misdemeanour following the date on which it comes into force.
2 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.
1 Any person who commits a felony or misdemeanour in Switzerland is subject to this Code.
2 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.
3 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), he is not prosecuted in Switzerland for the same offence if:
4 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.
1 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).
2 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.
6 Expression amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). This amendment has been made throughout the text.
1 This Code also applies to any person who is in Switzerland, is not being extradited and has committed any of the following offences abroad:
2 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:
3 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.
7 Amended by Art. 2 No 1 of the FedD of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).
8 Inserted by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
9 Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
1 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:
2 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.
3 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:
4 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.
1 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:
2 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:
3 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.
4 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:
5 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.
1 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
2 An attempted offence is considered to be committed at the place where the person concerned attempted it and at the place where he intended the offence to take effect.
1 This Code does not apply to persons whose offences are subject to military criminal law.
2 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
14 Amended by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003, in force since 1 Jan. 2007 (AS 2006 3545; BBl 1999 1979).
1 In this Code, felonies are distinguished from misdemeanours according to the severity of the penalties that the offence carries.
2 Felonies are offences that carry a custodial sentence of more than three years.
3 Misdemeanours are offences that carry a custodial sentence not exceeding three years or a monetary penalty.
1 A felony or misdemeanour may also be committed by a failure to comply with a duty to act.
2 A person fails to comply with a duty to act if he does not prevent a legal interest protected under criminal law from being exposed to danger or from being harmed even though, due to his legal position, he has a duty to do so, in particular on the basis of:
3 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, his conduct is, in the circumstances, as culpable as it would have been had he actively committed the offence.
4 The court may reduce the sentence.
1 Unless the law expressly provides otherwise, a person is only liable to prosecution for a felony or misdemeanour if he commits it wilfully.
2 A person commits a felony or misdemeanour wilfully if he carries out the act in the knowledge of what he is doing and in accordance with his will. A person acts wilfully as soon as he regards the realisation of the act as being possible and accepts this.
3 A person commits a felony or misdemeanour through negligence if he fails to consider or disregards the consequences of his 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 him in the circumstances and commensurate with his personal capabilities.
1 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.
2 If the person concerned could have avoided the error had he exercised due care, he shall be liable to prosecution for his negligent act provided the negligent commission of the act is an offence.
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.
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.
1 If a person in defending himself exceeds the limits of self-defence as defined in Article 15 and in doing so commits an offence, the court shall reduce the sentence.
2 If a person in defending himself exceeds the limits of self-defence as a result of excusable excitement or panic in reaction to the attack, he does not commit an offence.
Any person who carries out an act that carries a criminal penalty in order to save a legal interest of his own or of another from immediate and not otherwise avertable danger, acts lawfully if by doing so he safeguards interests of higher value.
1 Any person who carries out an act that carries a criminal penalty in order to save himself 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 he could reasonably have been expected to abandon the endangered interest.
2 If the person concerned could not have been reasonably expected to abandon the endangered interest, he does not commit an offence.
1 If the person concerned was unable at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, he is not liable to a penalty.
2 If the person concerned was only partially able at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, the court shall reduce the sentence.
3 Measures in accordance with Articles 59-61, 63, 64, 67, 67b and 67e may, however, be taken.15
4 If it was possible for the person concerned to avoid his state of mental incapacity or diminished responsibility and had he done so to foresee the act that may be committed in that state, paragraphs 1-3 do not apply.
15 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
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.
Any person who is not and cannot be aware that, by carrying out an act, he is acting unlawfully, does not commit an offence. If the error was avoidable, the court shall reduce the sentence.
1 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.
2 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.
1 If the person concerned of his own accord does not complete the criminal act or if he assists in preventing the completion of the act, the court may reduce the sentence or waive any penalty.
2 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 his own accord, assists in preventing the completion of the act.
3 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.
4 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.
1 Any person who has wilfully 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.
2 Any person who attempts to incite someone to commit a felony incurs the penalty applicable to an attempt to commit that felony.
Any person who wilfully assists another to commit a felony or a misdemeanour shall be liable to a reduced penalty.
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.
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.
1 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.
2 If the author cannot be identified or if he 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.
3 If the publication has taken place without the knowledge or against the will of the author, then the editor or, in his absence, the person responsible for publication shall be liable to prosecution as the offender.
4 The accurate reporting of public talks and official communications from a public authority may not be made subject to prosecution.
1 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.
2 Paragraph 1 does not apply if the court16 holds that:
16 Term in accordance with No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). This change has been made in the provisions specified in the AS.
17 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
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:
1 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.
2 If the person suffering harm does not have the legal capacity to act, his legal representative is entitled to file a complaint. If he is under guardianship or subject to a general deputyship, the adult protection authority is also entitled to file a complaint.21
3 If the person suffering harm is a minor or if he is subject to a general deputyship, he is entitled to file a complaint if he is capable of judgement.22
4 If the person suffering harm dies without filing the criminal complaint or without expressly waiving his right to file the criminal complaint, his next of kin are entitled to file the complaint.
5 If an entitled person expressly waives his right to file a complaint, his waiver is final.
21 Second sentence amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
22 Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
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.
If an entitled person files a complaint against one person who participated in the act, all the participants become liable to prosecution.
1 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.
2 Any person who has withdrawn his complaint may not file it again.
3 If the entitled person withdraws his complaint against one suspect, the withdrawal applies to all suspects.
4 If a suspect objects to the withdrawal of the complaint against him, the withdrawal does not apply to him.
23 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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.
2 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 his income and capital, living expenses, any maintenance or support obligations and the minimum subsistence level.27
3 The authorities of the Confederation, the cantons and the communes shall provide the information required to determine the daily penalty unit.
4 The number and value of the daily penalty units must be stated in the judgment.
24 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
25 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
26 Second and third sentences amended by Annex No 5 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399).
27 Forth sentence inserted by by Annex No 5 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399).
1 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.
2 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.
3 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.
28 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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.
2 If the monetary penalty has been imposed by an administrative authority, the court decides on the alternative custodial sentence.
3-5 ...29
29 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
30 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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.
2 The maximum term of a custodial sentence is 20 years. Where the law expressly provides, the custodial sentence is for life
31 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 The court may impose a custodial sentence instead of a monetary penalty if:
2 The court must explain why it has decided to impose a custodial sentence.
3 The right is reserved to impose a custodial sentence instead of an unpaid monetary penalty (Art. 36).
32 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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
2 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
3 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 he may have caused.
4 A suspended sentence may be combined with a fine in accordance with Article 106.35
33 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
34 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
35 Amended by No I of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
36 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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
2 The part of the sentence that must be executed immediately may not exceed one half of the sentence.
3 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.
37 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
38 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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.
2 The court may order probation assistance and impose conduct orders for the duration of the probationary period.
3 The court shall explain the importance and the consequences of the suspended and partially suspended sentence to the offender.
4 The probationary period begins on notification of the judgment that is enforceable.39
39 Inserted by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, in force since 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
If the offender is of good conduct until the expiry of the probationary period, the postponed sentence is not executed.
1 If the offender commits a felony or misdemeanour during the probationary period and if it therefore must be expected that he 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
2 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.
3 The court that judges the new felony or misdemeanour also decides on revocation.
4 If the offender fails to attend for probation assistance or disregards the conduct orders, Article 95 paragraphs 3-5 apply.
5 Revocation may no longer be ordered if three years have elapsed since the expiry of the probationary period.
40 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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 his life.
2 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.
The court shall reduce the sentence if:
1 If the court chooses to reduce the sentence, it is not bound by the minimum penalty that the offence carries.
2 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.
1 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.
2 If the court must pass sentence on an offence that the offender committed before he was sentenced for a different offence, it shall determine the supplementary penalty so that the offender is not more severely punished than he would have been had the sentences been imposed at the same time.
3 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.
Where a judgment must be justified, the court shall also specify the circumstances taken into account in determining the sentence and their weighting.
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
41 Second sentence amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
42 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
43 Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
The competent authority shall refrain from prosecuting the offender, bringing him to court or punishing him if the level of culpability and consequences of the offence are negligible.
If the offender has made reparation for the loss, damage or injury or made every reasonable effort to right the wrong that he has caused, the competent authority shall refrain from prosecuting him, bringing him to court or punishing him if:
44 Amended by No I 1 of the FA of 14 Dec. 2018 on the Amendment of Reparation Arrangements, in force since 1 July 2019 (AS 2019 1809; BBl 2018 3757 4925).
If the offender is so seriously affected by the immediate consequences of his act that a penalty would be inappropriate, the responsible authorities shall refrain from prosecuting him, bringing him to court or punishing him.
1 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.
2 The cantons designate the bodies responsible for the administration of criminal justice as the competent authorities under Articles 52, 53 and 54.
45 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
1 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
2 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
3 Suspension is not permitted if:
4 Suspension is limited to six months. The public prosecutor or the court shall resume the proceedings if the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done or it transpires that the suspension has neither stabilised nor improved the victim's situation.53
5 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
46 Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
47 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
48 Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
49 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
50 Inserted by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
51 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
52 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
53 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
54 Inserted by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
1 A measure is ordered if:
2 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.
3 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:
4 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 his care.
4bis 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 his care.55
5 Normally the court only orders a measure if a suitable institution is available.
6 Where the requirements for a measure are no longer fulfilled, it is revoked.
55 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
1 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.
2 If two or more measures are necessary, the court may order these concurrently.
1 If the requirements for both a penalty and a measure are fulfilled, the court shall order both sanctions.
2 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.
3 The deprivation of liberty associated with the measure must be taken into account in determining the penalty.
1 ...56
2 The therapeutic institutions in terms of Articles 59-61 must be managed separately from penal institutions.
56 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
1 If the offender is suffering from a serious mental disorder, the court may order in-patient treatment if:
2 The in-patient treatment is carried out in an appropriate psychiatric institution or therapeutic institution.
3 If there is a risk of the offender absconding or committing further offences, he shall be treated in a secure institution. He 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
4 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 his 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.
57 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
1 If the offender is dependent on addictive substances or in any other way dependent, the court may order in-patient treatment if:
2 The court shall take account of the offender's request for and readiness to undergo treatment.
3 The treatment is carried out in a specialised institution or, if necessary, in a psychiatric hospital. It must be adjusted to the special needs of the offender and the state of his health.
4 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 his 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.
1 If the offender was under 25 years of age at the time of the offence and if he is suffering from a serious developmental disorder, the court may commit him to an institution for young adults if:
2 Institutions for young adults must be managed separately from other institutions and facilities under this Code.
3 The offender should be taught the skills needed to live independently and without further offending. In particular, he should be encouraged to undergo basic and advanced vocational and professional training.
4 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.
5 If the offender was convicted of an offence committed before he was 18 years of age, the measure may be implemented in an institution for minors.
1 The offender is released on parole from undergoing an in-patient measure as soon as his condition justifies his being given the liberty to prove himself.
2 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.
3 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.
4 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:
5 The probationary period following release on parole from a measure under Articles 60 and 61 may not exceed six years.
6 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.
1 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:
2 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.
3 If as a result of the conduct of the person released on parole during the probationary period there is a serious expectation that he 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.
4 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.
5 If the court decides against a recall to custody or a new measure, it may:
6 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.
1 If the person released on parole successfully completes the probationary period, he is granted final release.
2 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.
3 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.
1 A measure is terminated, if:
2 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.
3 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 his condition is a factor.
4 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 his indefinite incarceration.
5 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
6 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 his condition is a factor.
58 Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
1 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 makes a decision 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.
2 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.
1 If the offender is suffering from a serious mental disorder or if he is dependent on addictive substances or in any other way, the court may order that he receive out-patient rather than in-patient treatment if:
2 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.
3 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.
4 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.
1 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.
2 The out-patient treatment is terminated by the competent authority if:
3 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.
4 If the offender fails to comply with the conditions of probation assistance or if he disregards the conduct orders, Article 95 paragraphs 3-5 applies.
1 If the out-patient treatment has been successfully completed, the suspended custodial sentence is not executed.
2 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.
3 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.
4 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.
5 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 his condition is a factor.
1 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 he has caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person, and if:59
1bis 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
a. the offender, by committing the offence, caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person.
2 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
3 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
4 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.
59 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
60 Amended by Annex 2 No 1 of the FedD of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).
61 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
62 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
63 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
1 The offender is released on parole from indefinite incarceration in accordance with Article 64 paragraph 1 as soon as it is expected that he 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.
2 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.
3 If due to his 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 his recall to custody.
4 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.
5 If the offender when released on parole is of good behaviour until the expiry of the probationary period, he is granted final release.
64 Amended by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
1 The competent authority shall consider on request or ex officio:
2 The competent authority makes its decisions in terms of paragraph 1 based on:
65 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
1 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 he 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.
2 If the competent authority concludes that the offender can be treated, it shall offer him 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.
3 If the treatment demonstrates that the risk posed by the offender has been considerably reduced and may be reduced to the extent that he no longer poses 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.
4 The court may grant the offender parole from lifelong incarceration if he no longer poses a risk to the public due to old age, serious illness or on other grounds. Parole is governed by Article 64a.
5 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 his care.
6 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.
66 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
1 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.
2 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 re-opening a case.68
67 Amended by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
68 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
1 If there is the risk that a person will commit a felony or misdemeanour that he has 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 he will not commit the offence and require him to deposit appropriate security therefor.
2 If he refuses to make the promise, or fails to deposit the security within the specified period, the court may require him 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. 7969).
3 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.
69 This Art. has been repealed (AS 2016 1249; BBl 2012 4721).
1 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:
2 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.
3 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).
70 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
71 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
72 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
73 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
75 The correction by the Federal Assembly Drafting Committee dated 28 Nov. 2017, published on 12 Dec. 2017 relates only to the French text (AS 2017 7257).
76 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
77 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
78 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
79 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
80 SR 0.518.12, 0.518.23, 0.518.42, 0.518.51
83 Inserted by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
The court may expel a foreign national from Switzerland for 3-15 years if he 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.
85 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
1 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.
2 Lifelong expulsion may be ordered if the offender commits the new offence while the previous expulsion order is still in effect.
86 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
1 The expulsion order applies from the date on which the judgment becomes legally enforceable.
2 Before enforcing the expulsion order, any unsuspended sentences or parts thereof and any custodial measures must be executed.
3 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.
4 If a person subject to an expulsion order is transferred to his home country for the execution of criminal penalties or measures, the expulsion order applies on such transfer.
5 The duration of expulsion is calculated from the day on which the offender leaves Switzerland.
87 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
1 The enforcement of a mandatory expulsion order under Article 66a may only be deferred if:89
2 In reaching its decision, the competent cantonal authority must assume 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.
88 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
89 The correction of 21 June 2017, published on 11 July 2017 relates to the French text only (AS 2017 3695).
1 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 he will abuse his activity in order to commit a further felony or misdemeanour, the court may prohibit him totally or partially from carrying on this activity or comparable activities for a period of six months to five years.92
2 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 he will commit further offences of this nature, the court may prohibit him from carrying on the activity concerned for one to ten years.
2bis 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.93
3 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 him for the rest of his life from carrying on any professional activity or organised non-professional activity that involves regular contact with any minors:
4 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 him 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:
4bis By way of exception, the court may refrain from imposing 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. The court may not refrain from imposing a prohibition order if the offender:
5 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.97
6 The court may order probation assistance for the duration of the prohibition orders.98
7 ...99
91 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
92 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
93 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
94 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
95 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
96 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
97 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
98 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
99 Repealed by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), with effect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
1 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.
2 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 as the agent or representative of another person or which he arranges to be carried on by a person dependent on his instructions.
3 If there is a risk that the offender will also misuse his activity in order to commit offences if he is subject to the orders and control of a superior or supervisor, he shall be totally prohibited from carrying on the activity.
4 Prohibition orders under Article 67 paragraphs 3 and 4 always apply to the entire activity.
5 The following are deemed to be activities with regular contact with minors or with other especially vulnerable persons:
6 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.102
100 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
101 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
102 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
1 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 he 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.
2 By means of a contact prohibition and exclusion order the court may prohibit the offender from:
3 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.
4 The court may order probation assistance for the duration of the prohibition order.
5 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.
103 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
1 A prohibition order comes into effect on the day on which the judgment takes full legal effect.
2 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.
3 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.
4 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.
5 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:
6 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.
6bis Prohibition orders under Article 67 paragraphs 3 or 4 may not revoked.107
7 If the offender breaches an activity prohibition order or a contact prohibition and exclusion order or if he fails 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.
7bis 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.108
8 If the offender fails to comply with the probation assistance during a probationary period, Article 95 paragraphs 4 and 5 apply.
9 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.
104 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
105 Repealed by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), with effect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
106 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
107 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
108 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
1 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.
2 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.
109 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
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 his provisional or full driving licence for a period of between one month and five years.
110 Originally: Art. 67b.
111 No longer required as a result of No IV 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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.
2 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.
3 Publication is made in the interests of the person harmed, complainant, acquitted person or former suspect only if such persons so request.
4 The court decides on the form and extent of publication.
1 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.
2 The court may order that the objects forfeited be rendered unusable or be destroyed.
1 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.
2 Forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided he has paid a consideration of equal value therefor or forfeiture would cause him to endure disproportionate hardship.
3 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.
4 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.
5 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.
1 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 he is not excluded by Article 70 paragraph 2.
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.
3 The investigating authority may seize assets of the person concerned with a view to the enforcement of an equivalent claim. Such seizure does not accord the State preferential rights in the enforcement of the equivalent claim.
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.
112 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
1 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 his 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:
2 The court may order such an award only if the person harmed assigns the corresponding element of his claim to the State.
3 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.
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.
1 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.
2 ...113
3 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.
4 The prison inmate must actively cooperate in resocialisation efforts and the preparations for release.
5 Account is taken of the gender-specific concerns and needs of the prison inmates.
6 If the prison inmate is released on parole or granted final release and it subsequently comes to light that on his release he was subject to another executable judgment imposing a custodial sentence, execution of that custodial sentence is waived if:
113 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
1 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:
2 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.
3 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.
114 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
1 Custodial sentences are executed in a secure or open penal institution.
2 The prison inmate 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 he will abscond or it is expected that he will commit further offences.
The prison inmate normally spends his working, rest and leisure time in the institution.
1 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 he will abscond or commit further offences.
2 In day release employment, the prison inmate works outside the institution and spends his 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.
3 If the prison inmate proves himself 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 inmate lives and works outside the institution, but remains under the supervision of the executive authority.
1 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:
2 The prison inmate works, is trained or similarly occupied outside the institution and spends his rest and leisure time in the institution.
3 Semi-detention may be served in a special section of a remand centre provided the offender is guaranteed the required supervision.
4 If the offender no longer meets the authorisation requirements or if he fails 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.
115 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Solitary confinement in the form of uninterrupted separation from other prison inmates may only be ordered:
116 Inserted by No I 6 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in Force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).
117 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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:
2 Community service is not permitted as a means of serving an alternative custodial sentence.
3 Community service is work that benefits social institutions, public works or persons in need. The work is unpaid.
4 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.
5 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.
6 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.
118 Inserted by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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):
2 The executive authority may order electronic monitoring only if:
3 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.
119 Inserted by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 A departure from the rules governing the execution of sentences in favour of the prison inmates may be permitted:
2 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.
1 The prison inmate is obliged to work. Wherever possible, the work should be appropriate to his skills, education and training and his interests.
2 If he consents to do so, the prison inmate may work for a private employer.
Where he shows the required aptitude and the possibility exists, the prison inmate is given the opportunity to undergo basic and advanced training appropriate to his skills.
1 The prison inmate receives a wage for his work based on his performance and according to the circumstances.
2 The prison inmate may freely dispose of only part of his wage while serving his sentence. The remaining part is withheld until the inmate has 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.
3 If the prison inmate participates in basic or advanced training instead of work in accordance with his sentence management plan, he receives appropriate remuneration.
1 The prison inmate has the right to receive visitors and to cultivate contacts with persons outside the institution. Contact with close relatives and friends shall be facilitated.
2 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.
3 Clerics, doctors, attorneys, notaries and guardians as well as persons with comparable duties may be permitted to communicate freely with the prison inmates subject to the general institution rules.
4 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.
5 Communications with the supervisory authorities may not be monitored.
6 The prison inmate shall be granted release on temporary licence to an appropriate extent in order to cultivate relations with the outside world, prepare for his release or where there are special circumstances, provided his conduct in custody does not preclude this and there is no risk that he will abscond or commit further offences.
6bis 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.120
7 Article 36 of the Vienna Convention of 24 April 1963121 on Consular Relations and other regulations under international law on visits and correspondence that are binding on Switzerland are reserved.
120 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
1 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.
2 A prison inmate who is suspected of concealing unpermitted articles about his person or in his body, may be subjected to a body search. The search must be conducted by a person of the same gender. 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.
1 If the prison inmate has served two thirds of his sentence, provided this amounts to at least three months, he shall be released on parole by the competent authority if this is justified by his conduct while in custody and it is not expected that he will commit further felonies or misdemeanours.
2 The competent authority shall assess ex officio whether the inmate may be released on parole. It shall obtain a report from the institution board. The prison inmate shall be granted a hearing.
3 If parole is refused, the competent authority must reassess the question of whether parole may be granted at least once each year.
4 If the prison inmate has served half of his sentence, provided this amounts to at least three months, he may be released on parole by way of exception, if exceptional personal circumstances justify this.
5 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.
1 A person released on parole is made subject to a probationary period of a duration that corresponds to the remainder of his sentence. The period however amounts to at least one year and no more than five years.
2 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.
3 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.
If the person released on parole is of good behaviour throughout the probationary period, he is granted final release.
1 If a person released on parole commits a felony or misdemeanour during the probationary period, the court judging the new offence shall order his recall to custody.
2 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).
3 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.
4 A recall to custody may not be ordered if three years have elapsed since the expiry of the probationary period.
5 Any period of time spent on remand that the offender has served during the recall to custody proceedings is taken into account in the remainder of his sentence.
6 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.
7 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.
1 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:
2 At the start of the execution of the measure, a sentence management plan is drawn up in consultation with the inmate or his 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.
2bis 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.123
3 If the inmate is able to work, he is required to work to the extent that his in-patient treatment or care requires or permits. Articles 81-83 apply in an analogous manner.
4 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.
4bis Article 75a applies by analogy to admission to an open institution and to the authorisation of a relaxation in the measures regime.124
4ter During lifelong incarceration, it is not permitted to authorise release on temporary licence or a relaxation of the sentence regime.125
5 Article 85 applies by analogy to searches and inspections.
122 Inserted by No I 6 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in Force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).
123 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
124 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
125 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
1 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.
2 Disciplinary sanctions are:
3 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.
126 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
127 Originally let. c.
The execution of sentences and measures may be interrupted for good cause.
1 Victims and relatives of victims as defined in Article 1 paragraphs 1 and 2 of the Victim Support Act of 23 March 2007129 (VSA) and third parties who have a legitimate interest may make a written request to the executive authority for the following information:
2 The executive authority decides on the request after consulting the offender.
3 It may refuse to provide the information or revoke a previous decision to provide information only if the offender's legitimate interests justify this.
4 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.
128 Inserted by No I 1 of the FA of 26 Sept. 2014 on Victims' Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913). See also the transitional provision to this amendment at the end of the text.
1 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.
2 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.
3 The authorities for the administration of criminal justice may obtain a report on the probationer from the competent authority for probation assistance.
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.
1 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.130 The person concerned may state his opinion on the report. Differences of opinion must be recorded in the report.
2 The ordering of probation assistance and conduct orders must be noted and justified in the judgment or the decision.
3 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.
4 The court or the executive authority may in the cases mentioned in paragraph 3:
5 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.
130 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
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.
1 The right to prosecute is subject to a time limit of:
2 In the case of sexual acts with children (Art. 187) and dependent persons (Art. 188) and in the case offences under Articles 111, 113, 122, 124, 182, 189-191, 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 25.132
3 If a judgment is issued by a court of first instance before expiry of the limitation period, the time limit no longer applies.
4 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 2001133 came into force and the limitation of the right to prosecute had not yet taken effect.134
131 Amended by No I 1 of the FA of 21 June 2013 (Extension of Prosecution Time Limits), in force since 1 Jan. 2014 (AS 2013 4417; BBl 2012 9253).
132 Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
134 Amended by Art. 2 No 1 of the FedD of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).
The limitation period begins:
1 The right to execute a sentence is subject to a limitation period of:
2 The limitation period for a custodial sentence is extended:
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.
1 There is no statute of limitations for the offences of:
2 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.
3 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.137 138
135 Inserted by No I 1 of the FA of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977).
136 Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
137 Third sentence inserted by No I 1 of the FA of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977).
138 Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
1 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.
2 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.139
3 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.
4 Undertakings within the meaning of this title are:
139 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).
140 Terminological footnote relevant to German only.
141 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Contraventions are acts that are punishable by a fine.
The provisions of the First Part also apply to contraventions, subject to the following changes.
1 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.142
2 Attempt and complicity are offences only in the cases expressly mentioned in this Code.
3 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.143
142 Amended by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
143 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
1 Unless the law provides otherwise, the maximum amount of a fine is 10,000 francs.
2 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 wilfully not paid.
3 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 his culpable conduct.
4 On retrospective payment of the fine, the offender is released from the alternative custodial sentence.
5 Articles 35 and 36 paragraph 2 apply by analogy to the collection and conversion of the fine.144
144 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
145 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
The right to prosecute and to execute a sentence is subject to a limitation period of three years.
1 Close relatives of a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children.147
2 Family members are persons who live in the same household.
3 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.
3bis If a provision refers to the term "property", it also applies to animals.148
4 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.
5 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.
6 A day has 24 successive hours. The month and the year are calculated according to the calendar.
7 Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.
147 Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
Any person who kills a person intentionally, but without fulfilling the special requirements of the following articles, shall be liable to a custodial sentence149 of not less than five years.
149 Term in accordance with No II 1 para. 1 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
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.151
150 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
151 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
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.153
152 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
153 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
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 penalty155 .
154 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
155 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
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 penalty156 .
156 Term in accordance with No II 1 para. 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
If a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, sa custodial sentence not exceeding three years or a monetary penalty shall be imposed.
157 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Any person who causes the death of another through negligence or recklessness shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
1 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.
2 Any person who terminates a pregnancy without the consent of the pregnant woman shall be liable to a custodial sentence of from one159 to ten years.
3 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.
4 Cases falling under paragraphs 1 and 3 above are subject to a limitation period of three years.160
158 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).
159 Term in accordance with No II 1 para. 4 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
160 Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).
1 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.
2 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 his profession. The physician must have a detailed consultation with the woman prior to the termination and provide her with appropriate counselling.
3 If the woman is incapable of judgement, the consent of her legal representative is required.
4 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.
5 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.
161 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).
1 Any physician who terminates a pregnancy in terms of Article 119 paragraph 2 and who fails, prior to the procedure:
2 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.
162 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).
163 Term in accordance with No II 1 para. 5 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
164 Repealed by No I of the FA of 23 March 2001 (Abortion), with effect from 1 Oct. 2002 (AS 2002 2989; BBl 1998 3005 5376).
Any person who wilfully:
shall be liable to a custodial sentence of from one year to ten years.
165 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully 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.
2. The offender shall be prosecuted ex officio,169
if he uses poison, a weapon or a dangerous object,
if he commits the act on a person, and in particular on a child, who is unable to defend himself, or is under his protection or in his care.
if he is the spouse of the victim and the act was committed during the marriage or up to one year after divorce,170
if he is 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,171 or
if he is 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.172
166 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
167 Second paragraph repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
168 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).
169 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
170 Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
171 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
172 Originally para. 4. Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
1 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.174
2 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.
173 Amended by No I of the FA of 30 Sept. 2011, in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).
174 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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.175
2 If the injury is serious, the offender shall be prosecuted ex officio.
175 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
1 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.
2 The offender is prosecuted ex officio if he commits the offence repeatedly:
176 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
177 Inserted by No I of the FA of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009). Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
Any person who exposes a helpless person under his 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.
178 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Any person who fails to offer aid to another whom he has 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.
179 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Any person who wilfully 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.
180 Inserted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
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.
181 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
182 Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).
1 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.
2 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.
183 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
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 penalty185.
184 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
185 Term in accordance with No II 1 para. 6 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
1 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.
2 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
3 The items concerned shall be forfeited.
186 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
187 Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).
188 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
1. Any person who for his own or for another's unlawful gain 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.
2. If the offender has found the property or if the property has inadvertently come into his possession,
if he does not act for financial gain or
if he acts only to the detriment of a relative or family member,
the offence shall only be prosecuted on complaint.
1. Any person who for his own or another's unlawful gain appropriates moveable property belonging to another but entrusted to him,
any person who makes unlawful use of financial assets entrusted to him for his 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.
2. Any person who commits the foregoing offence in his 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 he has been authorised by a public authority, shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.189
189 Term in accordance with No II 1 para. 8 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
1. Any person who for his own or for another's unlawful gain, 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.
2. …190
3. The offender shall be liable to a custodial sentence of at least six months and no more than ten years if he:
4. Theft to the detriment of a relative or family member shall be prosecuted only on complaint.
190 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
191 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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.192
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.
2. The offender shall be liable to a custodial sentence of not less than one year193 if he carries with him a firearm or other dangerous weapon for the purpose of committing robbery.
3. The offender shall be liable to a custodial sentence of not less than two years,
if he commits 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 he represents a particular danger in any other way due to the manner in which he commits robbery.
4. 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.
192 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
193 Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
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.
Any person who for his own or another's benefit unlawfully uses financial assets that have inadvertently come into his possession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
1 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.
2 If the offender acts for his own or for another's unlawful gain, a custodial sentence not exceeding five years or to monetary penalty shall be imposed.
1 Any person who for his own or for another's unlawful gain obtains for himself or another data that is stored or transmitted electronically or in some similar manner and which is not intended for him and has been specially secured to prevent his access shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
2 The unauthorised obtaining of data to the detriment of a relative or family member is prosecuted only on complaint.
1 Any person who obtains unauthorised access by means of data transmission equipment to a data processing system that has been specially secured to prevent his access shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
2 Any person who markets or makes accessible passwords, programs or other data that he knows or must assume 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.
194 Amended by Art. 2 No 1 of the FedD of 18 March 2011 (Council of Europe Convention on Cybercrime), in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697).
1 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.
2 If the offender has committed criminal damage in the course of a public riot, he shall be prosecuted ex officio.
3 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.195
195 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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.196
2. Any person who manufactures, imports, markets, advertises, offers or otherwise makes accessible programs that he knows or must assume 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.197
196 Second paragraph amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
197 Second paragraph amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any debtor who, with the intention of causing loss to his 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.
1 Any person who with a view to securing an unlawful gain for himself or another wilfully induces an erroneous belief in another person by false pretences or concealment of the truth, or wilfully reinforces an erroneous belief, and thus causes that person to act to the prejudice of his or another's financial interests, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
2 If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.198
3 Fraud to the detriment of a relative or family member is prosecuted only on complaint.
198 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person who with a view to his own or another's unlawful gain, 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.
2 If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.199
3 Computer fraud to the detriment of a relative or family member is prosecuted only on complaint.
199 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person who with a view to obtaining services of a financial value and although 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 him 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.
2 If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.200
200 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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 he or an associate obtains social insurance or social assistance benefits to which he or his associate is not entitled shall be liable to a custodial sentence not exceeding one year or to monetary penalty.
2 In minor cases, the penalty is a fine.
201 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3-6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
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.
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.
1 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.203
2 An attempt to commit the foregoing offence or complicity in the same is also an offence.
202 Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405).
203 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Any person who without a view to gain, by making representations or suppressing information, wilfully misleads another or wilfully reinforces an erroneous belief with the result that the person in error acts in such a way that he or another incurs a financial loss shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
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 his own assets in such a way that he sustains financial loss,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
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.
1 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)205, 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.
2 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:
3 If the perpetrator merely accepts the possibility that an offence under paragraph 1 or 2 may be committed, he or she shall not be liable to prosecution under these provisions.
4 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.
204 Amended by Annex No 5 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109, 110; BBl 2017 399).
1. Any person who with a view to 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.
2. 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.206
206 Amended by No I 1 of the FA of 3 Oct. 2008 on the Implementation of the Revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361 367; BBl 2007 6269).
1. Any person who, with a view to securing an unlawful gain for himself or for another, induces another person by using violence or the threat of seriously detrimental consequences to behave in such a way that he or another sustains financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
2. If the offender acts for commercial gain, or if he repeatedly commits the offence against the same person, a custodial sentence of from six months to ten years shall be imposed.207
3. If the offender uses violence against another or if he threatens another with an immediate danger to life and limb, a penalty in accordance with Article 140 hereof shall be imposed.
4. 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, he shall be liable to a custodial sentence of not less than one year208.
207 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
208 Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
1. Any person who for his 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.
2. If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.209
209 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who by law, an official order, a legal transaction or authorisation granted to him, 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 his 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 his capacity as the manager of a business but without specific instructions shall be liable to the same penalty.
If the offender acts with a view to securing an unlawful financial gain for himself or another, a custodial sentence not exceeding five years or to monetary penalty shall be imposed.210
2. Any person who, with a view to securing an unlawful gain for himself or another, abuses the authority granted to him 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.
3. Criminal mismanagement to the detriment of a relative or family member is prosecuted only on complaint.
210 Third para. amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any employer who breaches his 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.
1. 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 he knows or must assume 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.
2. If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.211
211 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
212 Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).
213 Inserted by Art. 46 of the Stock Exchange Act of 24 March 1995 (AS 1997 68; BBl 1993 I 1369). Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).
Any person who betrays a manufacturing or trade secret that he is under a statutory or contractual duty contract not to reveal,
any person who exploits for himself or another such a betrayal,
shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
1. Any debtor who fictitiously reduces his assets to the prejudice of his 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 him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.
2. 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.
1. Any debtor who reduces his assets to the detriment of his 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 him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.
2. 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.
1. 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 his profession or the management of his assets,
causes or aggravates his excessive indebtedness, causes his insolvency or, in the knowledge that he is unable to pay, prejudices his financial situation,
shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims is issued in his 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, he shall be liable to the same penalty.214
2. Any debtor whose assets have been seized is prosecuted solely on the complaint of a creditor who has obtained a certificate of unsatisfied claims against him.
The complaint must be filed within three months of receipt of the certificate of unsatisfied claims.
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, is barred from filing a complaint.
214 Inserted by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any debtor who fails to comply with a statutory obligation to which he is subject to keep and preserve business accounts or draw up a balance sheet, with the result that his financial position is not or not fully ascertainable, shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect following a seizure of assets in accordance with Article 43 of the Federal Act of 11 April 1889215 on Debt Enforcement and Bankruptcy (DEBA), to a custodial sentence not exceeding three years or to a monetary penalty.
Any debtor who, in the knowledge of his inability to pay and with a view to showing preference to some of his 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 his own means when he is not obliged to do so, shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding three years or to a monetary penalty.
1 Any person who:
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
216 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any person who without proper authority and to the prejudice of his creditors disposes of an asset
that has been officially seized or attached,
that has been officially recorded in debt recovery, 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.
Any debtor who misleads his creditors, the Commissioner, or the debt collection authorities, in particular by false accounting or drawing up a false balance sheet, in order to obtain a moratorium of debt enforcement 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.
1 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.
2 …217
217 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
218 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
219 Repealed by No II 3 of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
220 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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.
2 This provision does not apply to aggravated theft (Art. 139 para. 2 and 3), robbery or extortion.
221 Amended by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
1. 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.223
2. If the accused proves that the statement made or disseminated by him corresponds to the truth or that he had substantial grounds to hold an honest belief that it was true, he is not liable to a penalty.
3. 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.
4. If the offender recants his statement, the court may impose a more lenient penalty or no penalty at all.
5. If the accused is unable to prove the truth of his statement, or if it is shown to be untrue, or if the accused recants his statement, the court must state this in its judgment or in another document.
222 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249).
223 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1. A person in addressing a third party, and knowing his allegations to be untrue, 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, knowing them to be untrue,
shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
2. 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.224
3. If the offender recants his 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.
224 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 If the defamation, whether wilful 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.
2 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.
Verbal defamation, whether wilful or not, is regarded as the equivalent of defamatory statements made in writing, in pictures, by gestures or in any other manner.
1 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.225
2 If the insulted party has directly provoked the insult by improper behaviour, the court may dispense with imposing a penalty on the offender.
3 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.
225 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
1 The right to prosecute misdemeanours against personal honour is subject to a limitation period of four years.226
2 Article 31 applies to the expiry of the right to file a complaint.227
226 Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).
227 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
228 Amended by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
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 he has obtained by opening a sealed document or sealed mail that was not intended for him,
shall be liable on complaint to a fine.
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 he knows or must assume has come to his 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 he knows or must assume 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.
229 Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
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 he knows or must assume 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.
230 Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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 he knows or must assume 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 he knows or must assume 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.
231 Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
1 Persons who as participants in the conversation or subscribers to a participating line record calls:
are not liable to a penalty under Article 179bis paragraph 1 or Article 179ter paragraph 1.
2 Article 179bis paragraphs 2 and 3 and 179ter paragraph 2 apply by analogy to the use of.
2 Recordings in accordance with paragraph 1 above may only be used for the purpose of providing evidence.233
232 Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by No I of the FA of 3 Oct. 2003, in force since 1 March 2004 (AS 2004 823 824; BBl 2001 2632 5816).
233 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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.
2. If the offender acts on behalf of a third party, that third party shall be liable to the same penalty as the offender provided he was aware that the offence was being committed and failed to use his 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 proprietorship235, paragraph 1 above applies to those persons who acted or should have acted on behalf of that entity.
234 Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
235 Terminological amendment relevant only to the German text.
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.
236 Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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.
2 The requirements for the surveillance of post or telecommunications and the procedure therefor is governed by the Federal Act of 18 March 2016238 on the Surveillance of Post and Telecommunications or by the Criminal Procedure Code239.240
237 Inserted by No VII of the FA of 23 March 1979 on the Protection of Personal Privacy (AS 1979 1170; BBl 1976 I 529 II 1569). Amended by Annex No 1 of the FA of 6 Oct. 2000 on the Surveillance of Post and Telecommunications, in force since 1 Jan. 2002 (AS 2001 3096; BBl 1998 4241).
240 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
241 Inserted by Annex No 4 of the FA of 19 June 1992 on Data Protection, (AS 1993 1945; BBl 1988 II 413). Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Any person who uses the identity of another person without his or her consent in order to harm that person or in order to obtain an unlawful advantage for himself or herself or another shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.
242 Inserted by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
1 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.
2 The offender is prosecuted ex officio if he:
243 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
244 Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
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.
1 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 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.
2 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.
245 Inserted by No I 6 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
1 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 his or her 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.
2 If the victim is a minor247 or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year.
3 …248
4 Any person who commits the act abroad is also guilty of an offence. Articles 5 and 6 apply.
246 Amended by Art. 2 No 1 of the FedD of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).
248 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who unlawfully arrests or holds another prisoner or otherwise unlawfully deprives another of his 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.
2. 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.
249 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
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 he treats 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.
250 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
1. Any person who deprives another of his 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.
2. 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.
3. In particularly serious cases, and in particular if the act involves several victims, the offender shall be liable to a custodial sentence of life.
4. If the offender abandons the coercion and releases the victim, a reduced penalty may be imposed (Art. 48a).252
5. Any person who commits the offence abroad is also liable to the foregoing penalties provided he is arrested in Switzerland and not extradited. Article 7 paragraphs 4 and 5 apply.253
251 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
252 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
253 Second sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
1 Any person who with the intention of removing a person from the protection of the law for a prolonged period of time:
shall be liable to a custodial sentence of not less than one year.
2 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.
254 Inserted by Annex 2 No 1 of the FedD of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).
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.
255 Amended by No 1 of the FA of 21 June 1991, in force since 1 Oct. 1992 (AS 1992 1670 1678; BBl 1985 II 1009).
1. Any person who engages in a sexual act with a child under 16 years of age, or,
incites a child to commit such an activity, or
involves a child in a sexual act,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
2. No penalty may be imposed if the difference in age between the persons involved is three years or less.
3. 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, or if the child is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.256
4. If the offender acts under the misconception that the child is 16 years of age or older, but he would not have made this error had he exercised due care, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
5. ...257
6. ...258
256 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
257 Repealed by No I of the FA of 21 March 1997, with effect from 1 Sept. 1997 (AS 1997 1626; BBl 1996 IV 1318 1322).
258 Inserted by No I of the FA of 21 March 1997 (AS 1997 1626; BBl 1996 IV 1318 1322). Repealed by No I of the FA of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children), with effect from 1 Oct. 2002 (AS 2002 2993; BBl 2000 2943).
1. Any person who commits a sexual act by exploiting his or her relationship with a minor over the age of 16 who is dependent on him 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 three years or to a monetary penalty.
2. If the minor is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.259
259 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
1 Any person who uses threats, force or psychological pressure on another person or makes that other person incapable of resistance in order to compel him or her to tolerate a sexual act similar to intercourse or any other sexual act shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
2 ...260
3 If the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.261
260 Repealed by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), with effect from 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
261 Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
1 Any person who forces a person of the female sex by threats or violence, psychological pressure or by being made incapable of resistance to submit to sexual intercourse shall be liable to a custodial sentence of from one to ten years.
2 ...262
3 If the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.263
262 Repealed by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), with effect from 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
263 Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
Any person who, in the knowledge that another person is incapable of judgement or resistance, has sexual intercourse with, or commits an act similar to sexual intercourse or any other sexual act on that person shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
1 Any person who, by abusing a dependent relationship with a person in institutional care, an inmate of an institution, a prisoner, a detainee or a person on remand, induces the dependent person to commit or submit to a sexual act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2 If the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.264
264 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
1 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.
2 If the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.265
265 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
1 Any person who engages in an act of indecent conduct shall be liable on complaint to a monetary penalty.266
2 If the offender undergoes medical treatment, the criminal proceedings may be suspended. They may be resumed if the offender refuses to continue treatment.
266 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Any person who
shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
267 Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
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.
268 Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
1 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.
2. Any person who exhibits in public items or performances 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.
3 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.
4 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 performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults 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 performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty.
5 Any person who consumes or who for his or her own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults 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 performances contain genuine sexual acts with minors, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
6 In the case offences under paragraphs 4 and 5, the items shall be forfeited.
7 If the offender acts for financial gain, the custodial sentence must be combined with a monetary penalty.
8 Minors over the age of 16 are not liable to any penalty if by mutual consent they produce items or performances as described in paragraph 1 above that involve each other, or possess or consume such items or performances.
9 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.
269 Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
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,
shall be liable on complaint to a fine.
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.
Where any person commits an offence under this Title jointly with one or more others, the court may 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 offence in question.
270 These repealed articles have (with the exception of Art. 211) been replaced by Articles 195, 196, 197, 198, 199 (see Commentary on Dispatch No 23; BBl 1985 II 1009). Art. 211 has been deleted without replacement.
1 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.
2 Minors are not liable to any penalty provided they have been induced to commit the act.
3 ...272
271 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
272 Repealed by No I of the FA of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children; AS 2002 2993; BBl 2000 2943).
273 Repealed by No I of the FA of 23 June 1989, with effect from 1 Oct. 2002 (AS 1989 2449; BBl 1985 II 1009).
Any person who marries or enters into a registered same-sex partnership when he is 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.
274 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
275 Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).Repealed by No I of the FA of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009).
1 Any person who fails to fulfil his or her family law duties to provide maintenance or support although he or she has 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.
2 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.
276 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
277 Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).
1 Any person who violates or neglects his or her 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.
2 If the offence is committed through negligence, a monetary penalty shall be imposed. 279
278 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
279 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
280 Amended by Annex No 4 of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
1 Any person who wilfully 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.
2 If the offender wilfully endangers the life and limb of others, the penalty is a custodial sentence of not less than three years.
3 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.
1 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.281
2 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.
281 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully 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.
2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
1 Any person who wilfully and with criminal 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.
2 If only an insignificant danger to property is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.
282 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person who wilfully but without criminal 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.
2 If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
283 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person who manufactures explosives or toxic gases that he knows or must assume 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.284
2 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 he knows or must assume 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.285
3 Any person who instructs another person on how to manufacture explosives or toxic gases when he knows or must assume 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.286
284 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
285 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
286 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person who wilfully 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.
2 If the offence is committed through negligence, a custodial sentence not exceeding five years or to monetary penalty shall be imposed.
287 Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003 (AS 2004 4719; BBl 2001 2665). Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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.
2 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 he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding ten years or to a monetary penalty.
3 Any person who instructs another person on how to manufacture such substances, equipment, apparatus or articles shall be liable, if he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding five years or to a monetary penalty.
288 Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003 (AS 2004 4719; BBl 2001 2665). Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully 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.
2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
1. Any person who wilfully 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.289
If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.
2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
289 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person engaged in the management or execution of construction or demolition work who wilfully 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.290
2 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.
290 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully 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 wilfully 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.291
2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
291 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person who wilfully 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 he knows or must assume that through his acts:
2 If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
292 Inserted by Annex No 1 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391).
Any person who maliciously transmits a dangerous communicable human disease shall be liable to a custodial sentence of from one to five years.
293 Amended by Art. 86 No 1 of the Epidemics Act of 28 Sept. 2012, in force since 1 Jan. 2016 (AS 2015 1435; BBl 2011 311).
1. Any person who wilfully 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.
2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
1. Any person who wilfully 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.
2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
1 Any person who wilfully 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.294
2 If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
294 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully 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.295
2. If the offence is committed through negligence, a monetary penalty shall be imposed.296
3. The products shall be forfeited. They may be rendered harmless or destroyed.
295 Second paragraph amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
296 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 Any person who wilfully 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.
2 If the offence is committed through negligence, a monetary penalty shall be imposed.297
3 The products are forfeited. They may be rendered harmless or destroyed.
297 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully 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.298
2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
298 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
299 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
300 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully obstructs, disrupts or endangers the operation of a public service and in particular the railway, postal, telegraphic or telephone services,
any person who wilfully 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.
2. If the offence is committed through negligence, a custodial sentence not exceeding one year or a monetary penalty shall be imposed.301
301 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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.
2 In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
3 The offender is also liable to the foregoing penalties if he committed the act abroad, has entered Switzerland and is not being extradited, provided the act is also an offence at the place of commission.
1 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.302
2 In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
302 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1 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 penalty303.
2 If the offender, the person instructing him or his agent 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.
303 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
1 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.305
2 If the offence is committed through negligence, a monetary penalty shall be imposed.306
304 Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).
305 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
306 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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.307
2 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.
307 Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).
1. 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 he committed the act abroad, has been arrested in Switzerland and is not being extradited, provided the act is also an offence at the place of commission.
2. 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.
308 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
309 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
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.
1 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.
2 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.
310 Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).
The provisions this Title also apply in the case of foreign coins, paper money, banknotes and stamps.
1. Any person who with a view to causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for himself 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.
2. …312
311 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
312 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any person who with the intention of furthering his 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 him in order to deceive another,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
313 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
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.
1 Any person who damages, destroys, conceals or misappropriates a document over which he has no exclusive right of disposal, with a view to causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for himself or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
2 The suppression of documents to the detriment of a relative or family member is prosecuted only on complaint.
Articles 251-254 also apply to official foreign documents.
Any person who, with the intention of causing financial loss or damaging the rights of another or of obtaining an unlawful advantage for himself 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.
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.
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.
314 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
1 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.316
1bis 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.317
2 …318
315 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
316 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
317 Inserted by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
318 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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.
2 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.
1 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:
2 If the offender, of his own volition, does not complete the preparatory act, he is not liable to any penalty.
3 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.323
319 Inserted by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
320 Inserted by No I of the FA of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).
321 Inserted by Annex 2 No 1 of the FedD of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).
322 Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
323 Wording of the sentence in accordance with No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
1 Any person who:
shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
2 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 1949325.
3 If the offender exercises a decisive influence within the organisation, a custodial sentence of not less than three years shall be imposed.
4 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.
5 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 criminal activities wholly or partly in Switzerland. Article 7 paragraphs 4 and 5 applies.
324 Inserted by No I of the FA of 18 March 1994 (AS 1994 1614 1618; BBl 1993 III 277). Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
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 he knows or must assume that the weapons are intended to be used to commit a felony or misdemeanour shall be liable, provided his activities do not constitute a more serious offence, to a custodial sentence not exceeding five years or to a monetary penalty.327
326 Inserted by Art. 41 of the Weapons Act of 20 June 1997, in force since 1 Jan. 1999 (AS 1998 2535; BBl 1996 I 1053).
327 New designation of criminal penalties in accordance with No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
1 Any person who collects or provides funds with a view to 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.
2 If the person merely acknowledges the possibility that the funds may be used to finance terrorism, he is not liable to a penalty under this Article.
3 The act does not constitute the financing of a terrorist offence if it is carried out with a view to establishing or re-establishing a democratic regime or a state governed by the rule of law or with a view to exercising or safeguarding human rights.
4 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.
328 Inserted by No I 1 of the FA of 21 March 2003 (Financing of Terrorism), in force since 1 Oct. 2003 (AS 2003 3043 3047; BBl 2002 5390).
1 Any person who, with a view to committing a violent felony aimed at intimidating the population or coercing a State or an international organisation to act or refrain from acting,
2 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.
3 Any person who carries out any of the foregoing acts outside Switzerland shall also be liable to prosecution if he or she is in Switzerland and is not extradited or if the terrorist offence is to be committed in or against Switzerland. Article 7 paragraphs 4 and 5 apply.
329 Inserted by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
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.330
330 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
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.
331 Inserted by Art. 1 of the FA of 18 June 1993 (AS 1994 2887; BBl 1992 III 269). Amended by No I 1 of the FA of 14 Dec. 2018 (Discrimination and Incitement to Hatred on the Grounds of Sexual Orientation), in force since 1 July 2020 (AS 2020 1609; BBl 2018 3773 5231).
1. 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.
2. 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.
1 Any person who is incapable of forming criminal intent 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.332
2 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.333
332 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
333 Amended by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
334 Inserted by No I of the FA of 24 March 2000 (AS 2000 2725; BBl 1999 5327). Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
1 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:
1 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:
2 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.
3 In less serious cases under paragraph 1 letters c-j, a custodial sentence of not less than one year may be imposed.
335 Inserted by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
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.
1 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 1949336 in connection with an international armed conflict by carrying out any of the following acts against persons or property protected under the Conventions:
2 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.
3 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.
4 In less serious cases under paragraph 1 letters c-g, a custodial sentence of not less than one year may be imposed.
336 Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GA I), SR 0.518.12; Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea (GA II), SR 0.518.23; Geneva Convention of 12 Aug. 1949 relative to the Treatment of Prisoners of War (GA III), SR 0.518.42; Geneva Convention of 12 Aug. 1949 relative to the Protection of Civilian Persons in Time of War (GA IV), SR 0.518.51.
1 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:
2 In especially serious cases of attacks on persons, a custodial sentence of life may be imposed.
3 In less serious cases, a custodial sentence of not less than one year may be imposed.
1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
2 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.
3 In less serious cases, a custodial sentence of not less than one year may be imposed.
1 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 recruiting them for this purpose or using them to participate in armed conflicts.
2 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
3 In less serious cases, a custodial sentence of not less than one year may be imposed.
1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
2 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.
3 In less serious cases, a custodial sentence of not less than one year may be imposed.
1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
2 In especially serious cases, a custodial sentence of life may be imposed
The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who:
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.
338 Inserted by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
1 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.
2 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.
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 is guilty of an offence if he was aware at the time that the act is an offence.
1 A person who carries out an act under Title Twelvebis, Title Twelveter or Article 264k while abroad is guilty of an offence if he is in Switzerland and is not extradited to another State or delivered to an international criminal court whose jurisdiction is recognised by Switzerland.
2 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:
3 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.
The prosecution offences under Title Twelvebis, Title Twelveter and under Article 264k does not require authorisation in accordance with any of the following provisions:
Any person who carries out an act with the aim, through the use of violence,
of changing the constitution of the Confederation347 or of a canton348,
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 year349.
348 SR 131.211/.235
349 Term in accordance with No II 1 para. 11 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
1. Any person who a 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.
2.350 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.
1 Any person who with a view to 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.
2 In serious cases, a custodial sentence of not less than one year shall be imposed.352
351 Inserted by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249).
352 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who wilfully 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,353
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 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.
2. Any person who wilfully 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.354
3. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.355
353 Amended by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).
354 Inserted by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).
355 Originally No 2.
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.
Any person forcibly enters Swiss territory in violation of international law shall be liable to a custodial sentence or to a monetary penalty.
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.
1. 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.357
2. Any person who abducts another by using violence, false pretences or threats and takes him abroad in order to hand him over to a foreign authority, party or other organisation or to expose him to a danger to life or limb shall be liable to a custodial sentence of not less than one year.
3. Any person who makes preparations for such an abduction shall be liable to a custodial sentence or to a monetary penalty.
356 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).
357 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
1. 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.
2. 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.
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 an 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.359
359 Third paragraph amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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.361
2. Any correspondence and materials shall be confiscated.
360 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).
361 Fourth paragraph amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
365 Inserted by No I of the FA of 5 Oct 1950 (AS 1951 1; BBl 1949 I 1249). Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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.
2. Where the incitement or inducement relates to mutiny or the preparation for mutiny, a custodial sentence or a monetary penalty shall be imposed.
1. Any person who wilfully 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.
2. If the offence is committed through negligence, a monetary penalty shall be imposed.
366 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any person who prevents a member of the armed forces from carrying out his military service or obstructs him in the course of his service shall be liable to a monetary penalty.367
367 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
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.
Any person who by the use of violence or the threat of seriously detrimental consequences prevents a voter from exercising his 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 his voting rights or into voting in a particular way,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
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 himself to be given such an advantage,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
1. 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.
2. 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.368
368 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
369 Inserted by Art. 88 No I of the FA of 17 Dec. 1976 on Political Rights, in force since 1 July 1978 (AS 1978 688; BBl 1975 I 1317).
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.
370 Repealed by No I of the FA of 18 March 1971, with effect from 1 July 1971 (AS 1971 777; BBl 1965 I 561).
1. 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.371
Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957372, the Passenger Transport Act of 20 March 2009373 and the Goods Transport Act of 19 December 2008374, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010375 on the Security Units of Public Transport Companies.376
2. 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.377
371 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
374 [AS 2009 5597, 6019; 2012 5619 No I 5; 2013 1603. AS 2016 1845 Annex No I 1]. See now: the FA of 25 Sept. 2015 (SR 742.41).
376 Second paragraph amended by Art. 11 para. 2 of the FA of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct. 2011 (AS 2011 3961; BBl 2010 891 915).
377 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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 1957379, the Passenger Transport Act of 20 March 2009380 and the Goods Transport Act of 19 December 2008381, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010382 on the Security Units of Public Transport Companies.383
378 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).
381 [AS 2009 5597, 6019; 2012 5619 No I 5; 2013 1603. AS 2016 1845 Annex No I 1]. See now: the FA of 25 Sept. 2015 (SR 742.41).
383 Amended by Art. 11 para. 2 of the FA of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct. 2011 (AS 2011 3961; BBl 2010 891 915).
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.
384 Repealed by No I 1 of the FA of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497).
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.
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.
1 Any person who breaches an order issued by a competent authority to expel him 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.
2 The duration the sentence is not taken into account in determining the length of the period of expulsion.
Any person who fails to comply with an official order that has been issued to him 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.
1 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.385
2 Complicity is also a criminal offence.
3 The act does not carry a penalty unless publication is contrary to an overriding public or private interest.386
385 Amended by No I of the FA of 16 June 2017 (Publication of Official Secret Proceedings), in force since 1 March 2018 (AS 2018 567; BBl 2016 7329 7575).
386 Inserted by No I of the FA of 10 Oct. 1997 (AS 1998 852; BBl 1996 IV 525). Amended by No I of the FA of 16 June 2017 (Publication of Official Secret Proceedings), in force since 1 March 2018 (AS 2018 567; BBl 2016 7329 7575).
Any person who carries on an activity that he is prohibited from carrying on by a prohibition order under Article 67 hereof, Article 50 of the Military Criminal Code of 13 June 1927388 (MCC) or Article 16a JCLA389 shall be liable to a custodial sentence not exceeding one year or monetary penalty.
2 Any person who contacts or approaches one or more specific persons or persons in a specific group or is present in a specific location when he is prohibited from doing so by a contact prohibition and exclusion order under Article 67b hereof, Article 50b MCC or Article 16a JCLA shall be liable to a custodial sentence not exceeding one year or monetary penalty.
387 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
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.
390 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
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.
Any person who wilfully removes, damages or conducts himself 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.
1. 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.
2. 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.
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.
1. 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.
2. Any correspondence and other materials shall be forfeited.
1 Felonies and misdemeanours under this Title are only prosecuted on the authority of the Federal Council.
2 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.
3 In the case of Articles 296 and 297, the right to prosecute is subject to a limitation period of two years.394
393 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 19491 1249).
394 Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).
1. Any person who makes an accusation to the authorities that a person whom he knows 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 malicious acts with the intention of causing a criminal prosecution to be brought against a person whom he knows to be innocent,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
2. If the false accusation relates to a contravention, a custodial sentence not exceeding one year or a monetary penalty shall be imposed.
395 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. Any person who reports the commission of a criminal offence to the judicial authorities which he knows has not been committed,
any person who falsely reports to the judicial authorities that he has himself committed an offence,
shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2. …396
396 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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 64397 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
1bis 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 1.398
2 If the person assists a relative or another person to whom he is so closely related that his conduct is excusable, he shall not be liable to any penalty.399
397 Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
398 Inserted by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
399 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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 he knows or must assume originate from a felony or aggravated tax misdemeanour shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.401
1bis. An aggravated tax misdemeanour is any of the offences set out in Article 186 of the Federal Act of 14 December 1990402 on Direct Federal Taxation and Article 59 paragraph 1 clause one of the Federal Act of 14 December 1990403 on the Harmonisation of Direct Federal Taxation at Cantonal and Communal Levels, if the tax evaded in any tax period exceeds 300 000 francs.404
2. In serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty.405
A serious case is constituted, in particular, where the offender:
3. 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.407
400 Inserted by No I of the FA of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061).
401 Amended by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).
404 Inserted by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605). See also the transitional provision to this amendment at the end of the text.
405 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
406 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
407 Corrected by the Drafting Committee of the Federal Assembly (Art. 33 ParlPA; AS 1974 1051).
408 Amended by No I of the FA of 18 March 1994, in force since 1 Aug. 1994 (AS 1994 1614 1618; BBl 1993 III 277).
1 Any person who as part of his 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.410
2 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.411
409 Inserted by No I of the FA of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061).
410 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
411 Inserted by No I of the FA of 18 March 1994 (AS 1994 1614; BBl 1993 III 277). Amended by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).
1 Any person who is a party to civil proceedings and, following an express caution by the judge that he 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.
2 …412
3 If the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty.413
412 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
413 Inserted by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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.
2 …414
3 If the false statement relates to matters that are irrelevant to the court's decision, a monetary penalty shall be imposed.415
414 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
415 Inserted by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 If the offender makes his false accusation (Art. 303), false report of an offence (Art. 304) or a false statement (Art. 306 and 307) of his own accord and before it has caused any legal detriment to others, the court may reduce the sentence (Art. 48a) or waive a penalty.
2 The offender shall not be liable to a penalty if he has made a false statement (Art. 306 und 307) because:
416 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Articles 306-308 also apply to:
417 Amended by No I 1 of the FA of 22 June 2001 (Offences against the Administration of Justice before International Courts), in force since 1 July 2002 (AS 2002 1491 1492; BBl 2001 391).
1. 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.
2. 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.418
418 Second paragraph amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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.419
2. 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.420
419 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
420 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any member of an authority or a public official who abuses his official powers in order to secure an unlawful advantage for himself or another or to cause prejudice to another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Any public official who with a view to his own or another's gain 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.
421 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any member of an authority or public official who, in the course of a legal transaction and with a view to obtaining an unlawful advantage for himself or another, damages the public interests that he has a duty to safeguard shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
422 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
423 Repealed by No I 1 of the FA of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497).
1. Any public official or person acting in an official capacity who wilfully 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 wilfully 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.
2. If the offence is committed through negligence, a monetary penalty shall be imposed.425
424 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
425 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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 his cover story or produces, amends or uses documents with the authorisation of the Federal Intelligence Service (FIS) under Article 17 IntelSA427 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 his cover story or assumed identity does not commit an offence under Articles 251, 252, 255 and 317.428
2 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 317.429
3 Any person who produces, amends or uses official documents under the Federal Act of 23 December 2011430 on Extra-Procedural Witness Protection does not commit an offence under Articles 251, 252, 255 and 317.431
426 Inserted by Art. 24 No 1 of the FA of 20 June 2003 on Covert Investigations, in force since 1 Jan. 2005 (AS 2004 1409; BBl 1998 4241). Amended by Annex No 3 of the FA of 23 Dec. 2011, in force since 16 July 2012 (AS 2012 3745; BBl 2007 5037, 2010 7841).
428 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
429 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).
431 Inserted by Annex No 3 of the FA of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1).
1. Any doctor, dentist, veterinary surgeon or midwife who wilfully 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.432
2. …433
432 Second paragraph amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
433 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
1. Any person who discloses secret information that has been confided to him in his capacity as a member of an authority or as a public official or which has come to his knowledge in the execution of his 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.
2. The offender is not liable to any penalty if he has disclosed the secret information with the written consent of his superior authority.
434 Amended by Annex 1 No 7 of the Information Security Act of 18 Dec. 2020, in force since 1 Jan. 2023 (AS 2022 232, 750; BBl 2017 2953).
1. Any person who in his 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)435, 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 him in his professional capacity or which has come to his knowledge in the practice of his profession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.436
A student who discloses confidential information that has come to his knowledge in the course of his 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.
2. The person disclosing the information is not liable to any penalty if he does so with the consent of the person to whom the information pertains or on the basis of written authorisation issued in response to his application by a superior authority or supervisory authority.
3. 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.437
436 Amended by Annex No 1 of the Healthcare Occupations Act of 30 Sept. 2016, in force since 1 Feb. 2020 (AS 2020 57; BBl 2015 8715).
437 Amended by Annex No 1 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).
1 Any person who discloses without authorisation a professional secret that has come to his knowledge in the course of his research activities involving human beings in accordance with the Human Research Act of 30 September 2011439 shall be liable to a penalty in accordance with Article 321.
2 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.
438 Inserted by Annex No 4 of the FA of 19 June 1992 on Data Protection (AS 1993 1945; BBl 1988 II 413). Amended by Annex No 2 of the Human Research Act of 30 Sept. 2011, in force since 1 Jan. 2014 (AS 2013 3215; BBl 2009 8045).
1 Any person who in his 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.
2 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 his obligation of secrecy.
3 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.
4 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.441
5 Article 179octies is reserved, together with the federal and cantonal provisions on the obligations to give evidence or provide information to a public authority.
440 Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405).
441 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
1 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).443
2 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 he is the editor responsible for that part. Details of the editors responsible must be given for each part of the newspaper, magazine or periodical.
3 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.444
442 Amended by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).
443 Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
444 Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
1 Any person who, as the person responsible in terms of Article 28 paragraphs 2 and 3, wilfully 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.
2 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.
3 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.
445 Inserted by No I of the FA of 10 Oct. 1997 (AS 1998 852 856; BBl 1996 IV 525). Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
446 Inserted by No I 1 of the FA of 22 Dec. 1999 (Revision of the Criminal Law on Corruption), in force since 1 May 2000 (AS 2000 1121 1126; BBl 1999 5497).
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 his official activity which is contrary to his duty or dependent on his discretion,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
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 he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion,
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
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 his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
447 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).
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 himself or for a third party in order that he carries out his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
448 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).
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 his official activities which is contrary to his duties or dependent on his 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 himself or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion449
shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
449 Paragraph inserted by Art. 2 No 2 of the FedD of 7 Oct. 2005 on the Approval and Implementation of the Criminal Law Convention and the Additional Protocol of the Council of Europe on Corruption, in force since 1 July 2006 (AS 2006 2371 2374; BBl 2004 6983).
1. 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 his official activities which is contrary to his duties or dependent on his discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2 In minor cases, the offence is only prosecuted on complaint.
450 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).
1 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 himself or for a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2 In minor cases, the offence is only prosecuted on complaint.
451 Inserted by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).
1 The following are not undue advantages:
2 Private individuals who fulfil official duties are subject to the same provisions as public officials.
452 Inserted by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).
453 Originally Title 19.
The following persons are liable to a fine:
1. a debtor who is not present or has not appointed a representative to be present at the seizure of or the recording of an inventory of his assets of which he has been given lawful notice (Art. 91 para. 1 no 1, 163 para. 2 and 341 para. 1 DEBA455);456
2. a debtor who fails to disclose his assets including those not in his possession, or his claims and rights against third parties to the extent required to obtain satisfaction by seizure or to implement an attachment (Art. 91 para. 1 para. 2 and 275 DEBA);
3. a debtor who fails to fully disclose his assets including those not in his possession, or his claims and rights against third parties on the recording of an inventory of assets (Art. 163 para. 2, 341 para. 1 DEBA);457
4. a debtor who fails to disclose or make available all his assets to the Bankruptcy Office (Art. 222 para. 1 DEBA);
5. a debtor who does not make himself available to the bankruptcy administrator during the bankruptcy proceedings unless he has special permission to be excused this duty (Art. 229 para. 1 DEBA).
454 Amended by Annex No 8 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227 1307; BBl 1991 III 1).
456 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
457 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
The following persons are liable to a fine:
1. 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 DEBA459);
2. any debtor of a bankrupt who fails to report to the Bankruptcy Office within the time limit (Art. 232 para. 2 para. 3 DEBA);
3. any person who possesses items belonging to a debtor as a pledge 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);
4. 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 time limit for realisation (Art. 324 para. 2 DEBA);
5. any third party who fails to comply with his 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.460
458 Amended by Annex No 8 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227 1307; BBl 1991 III 1).
460 Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any person who wilfully 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 wilfully or through negligence fails to comply with the statutory duty to preserve accounts, business correspondence and business telegrams,
shall be liable to a fine.
A person shall be liable to a fine if he or she wilfully commits any of the following acts:
461 Inserted by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses - protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).
1 A person shall be liable to a fine not exceeding 100 000 francs if he or she wilfully commits any of the following acts:
2 A person who acts through negligence shall be liable to a fine not exceeding 50 000 francs.
463 Inserted by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses - protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).
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 his rights under the CO466, 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.
465 Originally Article 325bis. Inserted by No II Art. 4 of the FA of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies) (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis). Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses - protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).
467 Footnote relevant to German text only.
468 Repealed by No II 3 of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
469 Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses - protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).
1 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 proprietorship471 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.472
2 An employer or principal who is aware of the offence or becomes aware of the offence subsequently and who, although he is 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.
3 If the employer or principal is a legal entity, general or limited partnership, sole proprietorship473 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.
470 Inserted by No II Art. 4 of the FA of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies), in force since 1 July 1990 (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis).
471 Footnote relevant to German text only.
472 Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses - protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).
473 Footnote relevant to German text only.
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 fine475.
474 Inserted by No I of the FA of 17 June 1994 (AS 1994 2290; BBl 1991 II 969). Amended by Annex No 5 of the FA of 16 Dec. 2005 (Law on Limited Liability Companies and Amendments to the Law on Companies Limited by Shares, Cooperatives, the Commercial Register and Business Names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969).
475 Corrected by the Drafting Committee of the Federal Assembly (Art. 58 para. 2 ParlA; SR 171.10).
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.
476 Inserted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
Any person who wilfully fails to comply with obligations under Article 697j paragraphs 1-4 or Article 790a paragraphs 1-4 of the CO478 to give notice of beneficial owner of shares or capital contributions shall be liable to a fine.
477 Amended by No I 2 of the FA of 21 June 2019 on Implementing the Recommendations of the Global Forum on Transparency and Transfer of Information for Tax Purposes, in force since 1 Nov. 2019 (AS 2019 3161; BBl 2019 279).
A person shall be liable to a fine if he or she wilfully fails to keep any of the following registers in accordance with the regulations or if he or she infringes associated company law obligations:
479 Inserted by No I 2 of the FA of 21 June 2019 on Implementing the Recommendations of the Global Forum on Transparency and Transfer of Information for Tax Purposes, in force since 1 Nov. 2019 (AS 2019 3161; BBl 2019 279).
Any person who wilfully fails to comply with the any of obligations for associations specified in Articles 61a and 69 paragraph 2 of the Civil Code483 shall be liable to a fine.
482 Inserted by Annex 1 No 2 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451).
484 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
1. 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.
2. Attempts and complicity are also offences.
485 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Any person who wears the uniform of the Swiss armed forces without authority shall be liable to a fine.486
486 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
487 Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
488 Amended by No III of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
1 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.
2 In the other federal acts, the terms below are replaced as follows:
3 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 1974489 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.
4 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.
5 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.
6 …490
6bis 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.491
7 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.
490 Repealed by No I 5 of the FA of 17 Dec. 2021 on the Harmonisation of Secondary Criminal Law with the Amended Law on Sanctions, with effect from 1 July 2023 (AS 2023 254; BBl 2018 2827).
491 Inserted by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
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.
1 The cantons retain the power to legislate on contraventions that are not the subject matter of federal legislation.
2 The cantons have the power to provide for sanctions for offences against cantonal administrative and procedural law.
492 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
493 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
494 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
495 Repealed by Annex 1 No 5 of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
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 2020497 (FADP) or if:498
496 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
498 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
1 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.
2 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.
499 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
1 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.
2 Adequate protection shall be ensured by:
3 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.501
4 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:
5 If the disclosing authority is a federal authority, it shall inform the FDPIC502 of the disclosures pursuant to paragraph 4.
500 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
501 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
502 Abbreviation in accordance with Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). This amendment has been made in the provisions specified in the AS.
1 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:
2 By way of derogation from paragraph 1 letter b, personal data may be disclosed in a particular case, if:
3 The Schengen State shall be informed immediately of the disclosure referred to in paragraph 2.
503 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
1 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:
2 The competent authority shall inform the recipient of the personal data at the time of disclosure that he may use the data only for the purposes specified by the authority.
3 It shall inform the competent authority of the third country without delay of any disclosure of personal data, provided it considers this appropriate.
4 If the responsible authority is a federal authority, it shall inform the FDPIC without delay of any disclosure pursuant to paragraph 1.
5 It shall document each disclosure of personal data. The Federal Council shall regulate the details.
504 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
1 The competent authority shall correct incorrect personal data without delay.
2 It shall notify the authority which transmitted the data, made them available or disclosed them of the correction without delay.
3 It shall inform the recipient whether the data it has disclosed are up-to-date and reliable.
4 It shall also provide the recipient with any further information that can be used to distinguish:
5 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.
505 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
1 The data subject may request the FDPIC to check whether any data relating to the data subject is being processed lawfully if:
2 Only a federal authority under the supervision of the FDPIC may be examined.
3 The Commissioner shall complete the verification; he shall notify the data subject that either no data relating to him or her has been unlawfully processed, or that he has opened an investigation pursuant to Article 49 FADP in the case of errors in the processing of personal data.509
4 If the FDPIC finds errors in the processing of the data, he shall order the competent federal authority to correct them.
5 The notification referred to in paragraph 3 shall always be worded in the same way and is not substantiated. It may not be contested.
506 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
508 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
509 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
1 If a data subject credibly demonstrates that an exchange of personal data concerning him or her could violate the provisions on the protection of personal data, he or she may request the FDPIC to open an investigation pursuant to Article 49 FADP511.512
2 An investigation may only be opened against a federal authority that is under the supervision of the FDPIC.
3 The parties are the data subject and the federal authority against which the investigation has been opened.
4 Articles 50 and 51 FADP also apply.513
510 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
512 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
513 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
514 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
1 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).
2 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.
515 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
1 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.
2 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.
3 It may coordinate the exchange of information relating to searches for missing persons and for the identification of unknown persons.
4 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.
516 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
1 The exchange of police information is governed by the principles of the Mutual Assistance Act of 20 March 1981517 as well as the Constitution and General Regulations of INTERPOL declared to be applicable by the Federal Council.
2 The FADP518 applies to the exchange of information in connection with searches for missing persons and the identification of unknown persons and for administrative purposes.519
3 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.
519 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
520 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
The Confederation may provide financial aid and make payments to INTERPOL.
1 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.
2 The following authorities may use and process data in terms of paragraph 1:
3 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 2008524 on Federal Police Information Systems, the Asylum Act of 26 June 1998525 and the Foreign Nationals and Integration Act of 16 December 2005526 and the Customs Act of 18 March 2005527.
4 The data may be used:
5 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.531
6 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.532
521 Amended by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, in force since 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
522 The name of this administrative unit was changed in application of Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1).
523 Amended by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 23 Jan. 2023 (AS 2021 365; 2022 638; BBl 2020 3465).
529 Amended by Annex No 1 of the FA of 17 Dec. 2021, in force since 1 Aug. 2023 (AS 2023 309; BBl 2021 44).
530 Amended by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 23. Jan. 2023 (AS 2021 365; 2022 638; BBl 2020 3465).
531 Amended by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 23. Jan. 2023 (AS 2021 365; 2022 638; BBl 2020 3465).
532 Inserted by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 23. Jan. 2023 (AS 2021 365; 2022 638; BBl 2020 3465).
533 Repealed by Annex 1 No 5 of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
534 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
1 fedpol and the Federal Intelligence Service (FIS) may pass on personal data, including sensitive personal data to the European Police Office (Europol).536
2 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 2004537 between the Swiss Confederation and the European Police Office.
3 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.
4 The exchange of personal data with Europol is regarded as equivalent to an exchange with a competent authority of a Schengen State (Art. 349b).538
535 Inserted by Art. 2 of the FedD of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983).
536 Amended by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 1 Sept. 2023 (AS 2021 365; 2022 491; BBl 2020 3465).
537 SR 0.360.268.2
538 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
539 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
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 2004541 between the Swiss Confederation and the European Police Office.
540 Inserted by Art. 2 of the FedD of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983).
541 SR 0.360.268.2
The federal and cantonal police authorities shall implement the provisions of the Schengen Association Agreement543 in accordance with domestic law.
542 Inserted by Art. 3 No 4 of the FedD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179; BBl 2004 5965).
543 Agreement of 26 Oct. 2004 between the Swiss Confederation, the European Union and the European Community on the Association of that State with the Implementation, Application and Development of the Schengen Acquis (SR 0.362.31); Agreement of 28 April 2005 between the Swiss Confederation and the Kingdom of Denmark on the Establishment of Rights and Obligations between these two States with a view to Cooperation on Schengen (SR 0.362.33); Agreement of 17 Dec. 2004 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen Acquis and on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway (SR 0.362.32).
544 Inserted by Art. 3 No 4 of the FedD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin (AS 2008 447 2179; BBl 2004 5965). Repealed by Annex 2 No II of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
1 fedpol manages the central office for the exchange of supplementary information with the Schengen states (SIRENE Office).546
2 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.
545 Inserted by Art. 3 No 4 of the FedD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179; BBl 2004 5965).
546 Amended by Annex 1 No 4 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since 22 Nov. 2022 (AS 2021 365, 2022 638; BBl 2020 3465).
547 Inserted by No 4 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (AS 2010 3387; BBl 2009 6749). Repealed by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, with effect from 1 March 2019 (AS 2019 625; BBl 2017 6941).
548 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
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.
549 Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).
550 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). Revised by the Federal Assembly Drafting Committee on 20 Feb. 2013 (AS 2013 845).
551 Repealed by Annex No 1 of the FA of 15 Dec. 2017 (Child Protection), with effect from 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).
552 Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
553 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders (AS 2014 2055; BBl 2012 8819). Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
554 Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
555 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders (AS 2014 2055; BBl 2012 8819). Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
1 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.
2 Decisions in criminal cases made by police authorities and other competent authorities and the decisions of prosecution services are deemed equivalent to court judgments.
3 The cantons shall guarantee the uniform execution of criminal sanctions.556
556 Inserted by No II 2 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and the Division of Tasks between the Confederation and the Cantons (NFA), in force since 1 Jan. 2008 (AS 2007 5779 5817; BBl 2005 6029).
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.
1 The cantons are entitled to the monetary penalties and fines imposed and the property and assets forfeited in accordance with this Code.
2 The Confederation is entitled to the proceeds of the cases judged by the Criminal or Appeals Chamber of the Federal Criminal Court.557
3 The use of proceeds for the benefit of persons harmed in accordance with Article 73 is reserved.
4 The provisions of the Federal Act of 19 March 2004558 on the Division of Forfeited Assets are reserved.559
557 Amended by No II 2 of the FA of 17 March 2017 (Creation of an Appeals Chamber in the Federal Criminal Court), in force since 1 Jan. 2019 (AS 2017 5769; BBl 2013 7109, 2016 6199).
559 Inserted by Annex No 1 of the FA of 19 March 2004 on the Division of Forfeited Assets, in force since 1 Aug. 2004 (AS 2004 3503; BBl 2002 441).
1 The cantons are responsible for the execution of community service orders.
2 The competent authority decides on the nature and form of community service to be performed.
3 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.
1 The cantons organise the system of probation assistance. They may delegate this duty to private organisations.
2 Probation assistance is normally the responsibility of the canton in which the probationer is resident.
1 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.
2 They may also provide units for special inmate groups, and in particular for:
3 They shall establish and operate the institutions provided for in this Code for the execution of measures.
4 They shall ensure that the regulations and the operation of the institutions and facilities comply with this Code.
5 They shall facilitate the basic and advanced training of the staff.
1 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.
2 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.
1 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.
2 Privately run institutions and facilities are subject to the supervision of the cantons.
1 The costs of the execution of sentences and measures are borne by the cantons.
2 The offender shall contribute in an appropriate manner to the costs:
3 The cantons shall issue detailed regulations on offenders' contributions to costs.
560 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
561 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
1 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.
2 In relation to rights of recourse against the offender and the time limits for filing claims for damages or satisfaction, the provisions of the CO562 on unlawful acts apply.
3 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 1958563 applies.
The right to grant a pardon in relation to convictions based on this Code or any other federal act is exercised:
564 Amended by No II 2 of the FA of 17 March 2017 (Creation of an Appeals Chamber in the Federal Criminal Court), in force since 1 Jan. 2019 (AS 2017 5769; BBl 2013 7109, 2016 6199).
1 The petition for a pardon may be filed by the offender, his legal representative or, with consent of the offender, by his defence agent, spouse or registered partner.565
2 In the case of political felonies and misdemeanours and in the case offences connected with political felonies or misdemeanours, the Federal Council or the cantonal government is also entitled to initiate the pardon procedure.
3 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.
565 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
1 A pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence.
2 The pardon decree specifies the extent of the pardon.
1 The Federal Assembly may grant an amnesty in criminal matters governed by this Code or any other federal act.
2 An amnesty excludes the prosecution of specific offences or categories offender and grants the remission of related sentences.
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.
1 The Confederation may employ investigative, educational and further measures aimed at preventing specific offences and crime in general.
2 It may support projects that have the aim mentioned in paragraph 1.
3 It may participate in organisations that carry out measures mentioned in paragraph 1 or establish and support such organisations.
4 The Federal Council regulates the nature, aims and form of the preventive measures.
566 In force since 1 Jan. 2006 in accordance with the Ordinance of 2 Dec. 2005 (AS 2005 5723)
1 The Federal Council has the power person, after consulting the cantons, to enact provisions on:
1bis 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.567
2 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.
3 …568
4 The Federal Council may by way of a trial and for limited time:
5 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.
567 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
568 Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
1 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.
2 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.
3 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.
1 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.
2 The periods of time that have elapsed before the new law comes into force are taken into account.
1 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.
2 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.
3 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.
The cantons shall notify the Confederation of the required transitional provisions to the Swiss Criminal Code.
This Code comes into force on 1 January 1942.
569 FA of 18 March 1971, in force since 1 July 1971 (AS 1971 777 807; BBl 1965 I 561) and for Art. 49 No 4 para. 2, 82-99, 370, 372, 373, 379 No 1 para. 2, 385 and 391 in force since 1 Jan. 1974 (AS 1973 1840). Repealed by No IV of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
570 AS 2006 3459 3535; BBl 1999 1979
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. 51571), revocation of parental authority and placing under guardianship (prev. Art. 53572), expulsion due to conviction for an offence (prev. Art.. 55573), prohibition from entering premises licensed to sell alcohol (prev. Art.. 56574) 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.
2.575 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:
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.
3.577 …
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.
572 BS 3 203
574 BS 3 203
575 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
577 Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
The right to information under Article 92a also applies to the execution of sentences and measures that was ordered under the previous law.
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.
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.