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 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

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 322^bis shall be liable to prosecution. If there is no responsible editor, then the person responsible for publication in accordance with Article 322^bis 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.

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 proprietorship¹⁸, is attributed to a natural person, if that person acts:

a.

as a governing officer or as a member of a governing officer of a legal entity;

b.

as a partner;

c.

as an employee with independent decision-making authority in his field of activity within a legal entity, a company or a sole proprietorship¹⁹; or

d.

without being a governing officer, member of a governing officer, partner or employee, as the de facto manager.

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 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:

a.

as a temporary therapeutic measure;

b.

for the protection of other inmates of the institution or of third parties;

c.

as a disciplinary sanction.

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.¹¹¹

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.¹¹²

^4ter During lifelong incarceration, it is not permitted to authorise release on temporary licence or a relaxation of the sentence regime.¹¹³

⁵ Article 85 applies by analogy to searches and inspections.

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.¹¹⁸ 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:

a.

extend the probationary period by one half;

b.

revoke or reorganise the probation assistance;

c.

modify or revoke the conduct orders or issue new conduct orders.

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.

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 There is no statue of limitations for the offences of:

a.

genocide (Art. 264);

b.

crimes against humanity (Art. 264a para. 1 and 2);

c.

war crimes (Art. 264c para. 1-3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h);

d.

felonies that have caused or threatened to cause danger to life and limb to a large number of persons as a method of extortion or duress, in particular through the use of means of mass destruction, the causing of catastrophes, or as part of a hostage taking offence.

e.¹²³

sexual acts with children (Art. 187 No 1), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192 para. 1) and exploitation of a person in a position of need or dependency (Art. 193 para. 1) if committed against children under the age of 12.¹²⁴

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.^{125 126}

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 260^ter, 260^quinquies, 305^bis, 322^ter, 322^quinquies, 322^septies paragraph 1 or 322^octies, 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.¹²⁷

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:

a.

any legal entity under private law;

b.

any legal entity under public law with exception of local authorities;

c.

companies;

d.

sole proprietorships¹²⁸.

Any person who kills a person intentionally, but without fulfilling the special requirements of the following articles, shall be liable to a custodial sentence¹³⁶ of not less than five years.

Where the offender acts in a particularly unscrupulous manner, in which the motive, the objective or the method of commission is particularly depraved, the penalty is a custodial sentence for life or a custodial sentence of not less than ten years.¹³⁸

Where the offender acts in a state of extreme emotion that is excusable in the circumstances, or in a state of profound psychological stress, the penalty is a custodial sentence from one to ten years.¹⁴⁰

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 penalty¹⁴² .

Any person who for selfish motives incites or assists another to commit or attempt to commit suicide is, if that other person thereafter commits or attempts to commit suicide, liable to a custodial sentence not exceeding five years or to a monetary penalty¹⁴³ .

If a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, she shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

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 one¹⁴⁶ 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.¹⁴⁷

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.

¹ Any physician who terminates a pregnancy in terms of Article 119 paragraph 2 and who fails, prior to the procedure:

a.

to obtain a written request from the pregnant woman;

b.

to discuss the termination in detail with the pregnant woman and to counsel her, to advise her of the risks of the procedure to her health, and to provide her with a written guide, the receipt of which she must acknowledge with her signature, that contains:

1.

a list of agencies that provide counselling free of charge,

2.

a list of associations and agencies that offer moral and material support, and

3.

information on the possibility of having the child adopted;

c.

to satisfy himself that a pregnant woman under 16 years of age has been in contact with a counselling agency specialised in dealing with young people.

shall be liable to a fine¹⁵⁰.

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.

Any person who intentionally inflicts a life-threatening injury on another,

any person who intentionally inflicts serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently,

any person who intentionally causes any other serious damage to the person or to the physical or mental health of another,

shall be liable to a custodial sentence of at least six months and no more than ten years.¹⁵³

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.

In minor cases, the court may impose a reduced penalty (Art. 48a).¹⁵⁵

2. The penalty is a custodial sentence not exceeding three years or a monetary penalty, and the offender is prosecuted ex officio,

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,¹⁵⁶

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,¹⁵⁷ 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.¹⁵⁸

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 not exceeding ten years or to a monetary penalty of no less than 180 daily penalty units.

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.

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.¹⁶⁰

² If the injury is serious, the offender is prosecuted ex officio.

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:

a.

on a person under his protection or in his care, and in particular on a child;

b.

on his spouse during the marriage or up to a year after divorce; or

b^bis.¹⁶¹

on his registered partner during the period of the registered partnership or up to a year after its dissolution; or

c.

on his heterosexual or homosexual partner provided they have at any time cohabited and the act was committed at that time or up to one year after separation.¹⁶²

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.

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.

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.

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.

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.

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 penalty¹⁷⁰.

¹ Any person who produces, imports, stores, markets, promotes, exhibits, offers, shows, makes accessible or makes available sound, film or video recordings or other products in which acts of extreme violence against persons or animals 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.

^1bis Any person who acquires, procures by electronic or any other means, or possesses the recordings or other products mentioned in paragraph 1 above, provided these portray acts of violence against persons or animals shall be liable to a custodial sentence not exceeding one year or to a monetary penalty¹⁷².¹⁷³

² The articles concerned are forfeited.

³ If the offender acts for financial gain, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty.¹⁷⁴

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.

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 is prosecuted only 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.¹⁷⁷

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. The offender shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units¹⁷⁸ if he commits theft on a regular basis for financial gain.

3. The offender shall be liable to a custodial sentence of at least six months and no more than ten years,¹⁷⁹

if he commits theft as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft,

if he carries with him a firearm or other dangerous weapon for the purpose of committing theft

or if he represents a particular danger in any other way due to the manner in which he commits theft.

4. Theft to the detriment of a relative or family member is prosecuted only on complaint.

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.¹⁸⁰

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 year¹⁸¹ 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.

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, he shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.

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.

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 is prosecuted ex officio.

³ If the offender has caused major damage, a custodial sentence of from one to five years may be imposed. The offence is prosecuted ex officio.

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 of from one to five years may be imposed. The offence is prosecuted ex officio.

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 one to five years may be imposed.

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, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

³ Fraud to the detriment of a relative or family member is prosecuted only on complaint.

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, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

³ Computer fraud to the detriment of a relative or family member is prosecuted only on complaint.

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, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

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.

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.¹⁸⁵

² An attempt to commit the foregoing offence or complicity in the same is also an offence.

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.

Repealed

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, he shall be liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding five years or to a monetary penalty.¹⁸⁶

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,

he shall be liable to a custodial sentence of from one to ten years.

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 is 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 year¹⁸⁷.

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, he shall be liable to a custodial sentence of from one to ten years.

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 of from one to five years may be imposed.

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.

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, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

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.

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.

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 1889¹⁹⁰ 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 gives or promises a creditor or his representative special advantages in order to obtain his vote at the creditors' meeting or on the creditors' committee, or to obtain his consent to or rejection of a judicial composition agreement shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

² Any person who gives or promises the administrator in bankruptcy, a member of the bankruptcy administration, the Commissioner, or the liquidator special advantages in order to influence his decisions shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

³ Any person who causes another to give or promise such advantages shall be liable the same penalty.

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 If the debtor or a third party in terms of Articles 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of a judicial composition agreement, the competent authority may waive any prosecution, referral to court or the imposition of a penalty.

¹ If the bankruptcy proceedings are revoked (Art. 195 DEBA¹⁹¹), the authorities responsible may waive any prosecution, referral to court or the imposition of any penalties.

² If a judicial composition agreement is concluded, paragraph 1 above applies only if the debtor or the third party in terms of Article 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of the agreement.

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.

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.¹⁹⁶

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.

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, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.¹⁹⁷

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.

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.¹⁹⁸

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.

¹ The right to prosecute misdemeanours against personal honour is subject to a limitation period of four years.¹⁹⁹

² Article 31 applies to the expiry of the right to file a complaint.²⁰⁰

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.

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, makes the recording available or discloses its content 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.²⁰⁴

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.

¹ Persons who as participants in the conversation or subscribers to a participating line record calls:

a.

with the emergency, rescue or security services; or

b.

in the course of business that have orders, assignments, reservations and similar transactions as their subject matter.

are not liable to a penalty under Article 179^bis paragraph 1 or Article 179^ter paragraph 1.

² Article 179^bis paragraphs 2 and 3 and 179^ter paragraph 2 apply by analogy to the use of recordings in accordance with paragraph 1 above.

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 proprietorship²⁰⁸, paragraph 1 above applies to those persons who acted or should have acted on behalf of that entity.

Any person who uses a telecommunications installation maliciously or mischievously in order to cause distress to or harass another, shall be liable on complaint to a fine.

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. 179^bis 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 6 October 2000²¹¹ on the Surveillance of Post and Telecommunications.

Any person who without authorisation obtains from a data collection personal data or personality profiles that are particularly sensitive and that are not freely accessible shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

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.²²⁵

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, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

5. ...²²⁶

6. ...²²⁷

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.²²⁸

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 ...²²⁹

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.²³⁰

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 ...²³¹

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.²³²

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.²³³

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.²³⁴

¹ Any person who engages in an act of indecent conduct shall be liable on complaint to a monetary penalty.²³⁵

² If the offender undergoes medical treatment, the criminal proceedings may be suspended. They may be resumed if the offender refuses to continue treatment.

Any person who

a.

induces a minor into prostitution or encourages a minor in his or her prostitution with the intention of securing a financial advantage

b.

induces a person into prostitution by exploiting his or her dependence or a financial advantage,

c.

restricts the freedom to act of a prostitute by supervising him or her in the course of his or her activities or by exercising control over the location, time, volume or other aspects of his or her work as a prostitute or,

d.

makes a person remain a prostitute against his or her will,

shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.

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.

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.