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RS 311.0 Swiss Penal Code of 21 December 1937

Original Language Title: RS 311.0 Code pénal suisse du 21 décembre 1937

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311.0

Swiss Penal Code

Of 21 December 1937 (State 1 Er January 2016)

The Swiss Federal Assembly,

See art. 123, para. 1 and 3 of the Constitution 1 , 2 Having regard to the message of the Federal Council of 23 July 1918 3 ,

Stops:

Book 1 1 General provisions

Part 1 Crimes and offences

Title 1 Scope of application

Art. 1 1. No sanction without legislation

1. No sanction without legislation

A sentence or measure may be imposed only by reason of an act expressly suppressed by law.

Art. 2 2. Time conditions

2. Time conditions

1 Any person who commits a crime or a crime after the entry into force of this Code shall be deemed under this Code.

2 This Code shall also apply to crimes and offences committed before the date of entry into force if the author is brought to trial only after that date and if the present Code is more favourable to him than the law in force at the time of the offence.

Art. 3 3. Location conditions. Crimes or offences committed in Switzerland

3. Location conditions.

Crimes or offences committed in Switzerland

1 This Code applies to any person who commits a crime or a crime in Switzerland.

2 If, by reason of such an act, the author has been sentenced abroad and there has been all or part of the sentence imposed on him, the judge shall charge the sentence on the sentence to be pronounced.

3 Subject to a serious breach of the fundamental principles of constitutional law and the European Convention on Human Rights of 4 November 1950 (ECHR) 1 , the author pursued abroad at the request of the Swiss authority can no longer be prosecuted in Switzerland for the same act:

A.
He or she has been acquitted abroad by a final judgment;
B.
He or she has received the sanction imposed on him abroad, whether the sanction has been given to him or that it is prescribed.

4 If the author pursued abroad at the request of the Swiss authority has not suffered the sentence imposed on him, he executes it in Switzerland; if he has only one part abroad, he executes the rest in Switzerland. The judge shall decide whether to carry out or prosecute in Switzerland the measure that has not been incurred abroad or which has only been partially carried out.


Art. 4 3. Location conditions. /Crimes or offences committed abroad against the State

Crimes or offences committed abroad against the State

1 This Code is applicable to any person who commits abroad a crime or an offence against the State and national defence (art. 265 to 278).

2 If, by reason of this act, the author has been sentenced abroad and there has been all or part of the sentence imposed on him, the judge shall charge the sentence on the sentence to be pronounced.

Art. 5 3. Location conditions. /Offences committed abroad on minors

Offences committed abroad on minors

1 This Code applies to any person who is in Switzerland and is not extradited, and has committed one of the following acts abroad:

A. 1
Human trafficking (art. 182), sexual coercion (art. 189), rape (art. 190), an act of a sexual nature committed on a person incapable of discernment or resistance (art. 191) or encouragement of prostitution (art. 195), if the victim was under 18 years of age;
A Bis . 2
Sexual acts with dependent persons (art. 188) and acts of a sexual nature with minors against remuneration (art. 196);
B.
Sexual act with a child (art. 187), if the victim was under 14 years of age;
C. 3
Qualified porn (art. 197, para. 3 and 4), if the objects or representations contained sexual acts with minors.

2 Subject to a serious breach of the fundamental principles of constitutional law and the ECHR 4 , the author can no longer be prosecuted in Switzerland for the same act:

A.
He or she has been acquitted abroad by a final judgment;
B.
He or she has received the sanction imposed on him abroad, whether the sanction has been given to him or that it is prescribed.

3 If, by reason of this act, the author has been convicted abroad and there has been only part of the sentence imposed on him, the judge charges that part on the sentence to be pronounced. It decides whether the measure ordered and partly carried out abroad must be prosecuted or imputed against the sentence handed down in Switzerland.


1 New content according to Art. 2 hp. 1 of the FA of 24 March 2006 (Optional Prot. Of 25 May 2000 relating to the Rights of the Child on the sale of children, child prostitution and child pornography), in force since 1 Er Dec. 2006 ( RO 2006 5437 ; FF 2005 2639 ).
2 Introduced by c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).
3 New content according to the c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).
4 RS 0.101

Art. 6 3. Location conditions. /Crimes committed abroad, prosecuted under an international agreement

Crimes or offences committed abroad, prosecuted under an international agreement

1 This Code applies to any person who commits abroad a crime or crime that Switzerland has committed to pursue under an international agreement:

A.
If the act is also suppressed in the State in which it was committed or where the place of commission of the act is not within the jurisdiction of any criminal jurisdiction and
B.
If the author is in Switzerland and is not extradited.

2 The judge shall lay down the penalties so that the author is not treated more harshly than would have been the case under the law applicable to the place of commission of the act.

3 Subject to a serious breach of the fundamental principles of constitutional law and the ECHR 1 , the author can no longer be prosecuted in Switzerland for the same act:

A.
He or she has been acquitted abroad by a final judgment;
B.
He or she has received the sanction imposed on him abroad, whether the sanction has been given to him or that it is prescribed.

4 If, by reason of this act, the author has been convicted abroad and there has been only part of the sentence imposed on him, the judge charges that part on the sentence to be pronounced. It decides whether the measure ordered and partly carried out abroad must be prosecuted or imputed against the sentence handed down in Switzerland.


Art. 7 3. Location conditions. /Other crimes or offences committed abroad

Other crimes or offences committed abroad

1 This Code is applicable to any person who commits a crime or offence outside Canada, without the conditions set out in s. 4, 5 or 6:

A.
If the act is also suppressed in the State in which it was committed or where the place of commission of the act does not fall under any criminal jurisdiction;
B.
If the author is in Switzerland or is given to Switzerland by reason of that act and
C.
If, according to Swiss law, the act may give rise to extradition, but the author is not extradited.

2 Where the author is not a Swiss citizen and the crime or crime has not been committed against a Swiss national, para. 1 is applicable only if:

A.
The request for extradition has been refused on a ground other than the nature of the act or
B.
The perpetrator committed a particularly serious crime prohibited by the international community.

3 The judge shall lay down the penalties so that the author is not treated more harshly than would have been the case under the law applicable to the place of commission of the act.

4 Subject to a serious breach of the fundamental principles of constitutional law and the ECHR 1 , the author can no longer be prosecuted in Switzerland for the same act:

A.
He or she has been acquitted abroad by a final judgment;
B.
He or she has received the sanction imposed on him abroad, whether the sanction has been given to him or that it is prescribed.

5 If, by reason of this act, the author has been convicted abroad and there has been only part of the sentence imposed on him, the judge charges that part on the sentence to be pronounced. It decides whether the measure ordered and partly carried out abroad must be prosecuted or imputed against the sentence handed down in Switzerland.


Art. 8 3. Location conditions. /Place of commission of the act

Place of commission of the act

1 A crime or crime is deemed to be committed both at the place where the perpetrator acted or should have acted only at the place where the result occurred.

2 An attempt is deemed to be made both at the place where the author has made it rather than at the place where, in the author's mind, the result had to occur.

Art. 4. Personal Conditions

4. Personal Conditions

1 This Code shall not apply to persons to the extent that their acts are to be judged on the basis of military criminal law.

2 The Criminal Law of Minors of 20 June 2003 (DPMin) 1 Applies to persons who are not 18 years of age on the day of the act. Where the author is to be tried simultaneously for offences committed before and after the age of 18, s. 3, para. 2, DPMin is applicable. 2


1 RS 311.1
2 New content according to Art. 44 hp. 1 of the juvenile criminal law of 20 June 2003, in force since 1 Er Jan 2007 ( RO 2006 3545 ; FF 1999 1787 ).

Title 2 Conditions of repression

Art. 10 1. Crimes and offences. /Definitions

1. Crimes and offences.

Definitions

1 This code distinguishes between crimes according to the gravity of the penalty for which the offence is punishable.

2 Crimes are punishable by deprivation of liberty for more than three years.

3 Offences are punishable by deprivation of liberty for not more than three years or a pecuniary penalty.

Art. 11 1. Crimes and offences. /Commission by omission

Commission by omission

1 A crime or an offence may also be committed by a passive conduct contrary to an obligation to act.

2 There is a liability in breach of an obligation to act which does not prevent the danger or injury of a legal good protected by criminal law, although it is obliged to do so because of its legal situation, in particular by virtue of:

A.
The law;
B.
A contract;
C.
A voluntary community of risks;
D.
Creation of a risk.

3 A person who remains passive in breach of an obligation to act shall be liable for the offence under consideration only if, having regard to the circumstances, he is liable to the same reproach as if he had committed this offence by active conduct.

4 The judge may mitigate the sentence.

Art. 12 2. Intention and neglect. /Definitions

2. Intention and neglect.

Definitions

1 Unless otherwise expressly provided for in law, only the perpetrator of a crime or an offence who intentionally acts is punishable.

2 Intentionally acts anyone who commits a crime or a crime with conscience and will. The perpetrator is already intentionally acting when it is possible to carry out the offence and accepts it in the event that it occurs.

3 Neglect, by negligence, commits a crime or an offence without taking into account the consequences of its act or without taking it into account. Imforesight is guilty when the author has not used the precautions ordered by the circumstances and by his personal circumstances.

Art. 13 2. Intention and neglect. /Facts Error

Facts Error

1 Any person who acts under the influence of an erroneous assessment of the facts shall be deemed to be in favour of that assessment.

2 Anyone who can avoid the error by using appropriate precautions is liable for negligence if the law criminates its act as an offence of negligence.

Art. 14 3. Legal and culpability. /Acts authorized by law

3. Legal and culpability.

Acts authorized by law

Any person who acts as the law orders or authorizes it shall behave in a lawful manner, even if the act is punishable under this Code or by another law.

Art. 15 3. Legal and culpability. /Legitime defence

Self-defense

Any person who, contrary to the law, is attacked or threatened with an imminent attack has the right to repel the attack by means proportionate to the circumstances; the same right belongs to third parties.

Art. 16 3. Legal and culpability. /excusable defence

Excusable Defense

1 If the author, by repelling an attack, has exceeded the limits of self-defence within the meaning of s. 15, the judge mitigates the sentence.

2 If this excess comes from an excusable state of excitement or seizure caused by the attack, the author does not act in a guilty manner.

Art. 17 3. Legal and culpability. /State of legal necessity

Legal necessity State

Any person who commits an act punishable in order to preserve an imminent and impossible danger of otherwise diverting a legal good belonging to or belonging to a third party shall act in a lawful manner if he thereby safeguards the overriding interests.

Art. 18 3. Legal and culpability. /excusable state of necessity

Excusable necessity state

1 If the author commits an act punishable in order to preserve or preserve others from an imminent and impossible threat to the threat of life, bodily integrity, liberty, honour, heritage or other essential property, the judge Mitigates the sentence if the sacrifice of the threatened property could reasonably be expected of him.

2 The author does not act in a guilty manner if the sacrifice of the threatened property could not be reasonably demanded of him.

Art. 19 3. Legal and culpability. /Irresponsibility and limited liability

Irresponsibility and Limited Liability

1 The author is not punishable if, at the time of taking action, he did not have the right to assess the unlawful nature of his act or to determine himself on the basis of that assessment.

2 The judge mitigates the sentence if, at the time of taking action, the author only partially possessed the right to assess the unlawful nature of his act or to determine himself on the basis of that assessment.

3 Measures under s. 59 to 61, 63, 64, 67, 67 B And 67 E May be ordered. 1

4 If the author could avoid irresponsibility or limited liability and provide for the act committed in that state, paras. 1 to 3 are not applicable.


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Art. 3. Legal and culpability. /Doubt on the author's liability

Doubt the responsibility of the author

The investigating authority or the judge shall order an expert opinion if there is a serious reason to doubt the author's liability.

Art. 3. Legal and culpability. /Error on wrongfulness

Error on wrongfulness

Anyone who does not know or cannot know at the time of action that his behaviour is unlawful is not guilty. The judge mitigates the sentence if the error was avoidable.

Art. 4. Degrees of achievement. /Punishability of the attempt

4. Degrees of achievement.

Attempt Punishability

1 The judge may mitigate the sentence if the execution of a crime or an offence is not carried out until the end of the sentence or the result necessary for the consumption of the offence does not occur or could not occur.

2 The author is not punishable if, by a serious lack of intelligence, he did not realize that the consumption of the offence was absolutely impossible because of the nature of the object or the means used.

Art. 4. Degrees of achievement. /Discontinuance and active repentance

Discontinuance and active repentance

1 If, on its own initiative, the author has waived the right to carry on the activity punishable until his term or has contributed to the prevention of the consumption of the offence, the judge may reduce the penalty or exempt the author from any sentence.

2 If several authors or participants take part in the act, the judge may reduce the penalty or otherwise exempt the person who, on his or her own initiative, has contributed to the prevention of the consumption of the offence.

3 The judge may also reduce the penalty or otherwise exempt the author or participant whose withdrawal would have prevented the use of the offence if other causes had not prevented it.

4 The judge may reduce the penalty or otherwise exempt the author or participant if he or she has, on his or her own initiative, seriously tried to prevent the use of the offence and that the offence has been committed independently of its Contribution.

Art. 24 5. Participation. /Instigation

5. Participation.

Instigation

1 Any person who intentionally decided to commit a crime or an offence is liable, if the offence has been committed, to the penalty applicable to the perpetrator of that offence.

2 Anyone who has tried to make a decision to commit a crime is liable to the penalty for the attempt to commit the offence.

Art. 25 5. Participation. /Complicity

Complicity

The penalty is attenuated in respect of anyone who intentionally assisted the perpetrator in committing a crime or crime.

Art. 26 5. Participation. /Participation in a specific offence

Participation in a specific crime

If the punishability is substantiated or aggravated by a particular duty of the author, the penalty shall be attenuated in respect of the participant who was not required to do so.

Art. 27 5. Participation. /Personal circumstances

Personal circumstances

The particular relationships, qualities and personal circumstances which aggravate, diminish or exclude punishability shall have this effect only in respect of the author or participant whom they concern.

Art. 28 6. Media Punishability

6. Media Punishability

1 Where an offence has been committed and consumed in the form of publication by a medium, the author shall be the only person liable, subject to the following provisions.

2 If the author cannot be found or cannot be brought before a court in Switzerland, the responsible editor is punishable under art. 322 Bis In the absence of an editor, the person in charge of the publication in question is punishable under the same article.

3 If the publication took place without the knowledge of the author or against his will, the editor or, failing that, the person responsible for publication, is punishable as the author of the offence.

4 The author of a truthful account of public debates or official statements of an authority shall not be punished.

Art. 28 A 6. Media Punishability/Source Protection

Source protection

1 Persons who, on a professional basis, participate in the publication of information in the editorial part of a periodical medium and their auxiliaries shall not be liable to any penalty and shall not be subjected to any measure of coercion On the right of proceedings if they refuse to give evidence on the identity of the author or on the content and sources of their information.

2 L' al. 1 shall not apply if the judge finds that:

A.
Evidence is required to prevent an imminent harm to a person's life or bodily integrity;
B. 1
In the absence of testimony, a homicide within the meaning of s. 111 to 113 or another crime suppressed by a custodial sentence of at least three years or an offence within the meaning of s. 187, 189 to 191, 197, para. 4, 260 Ter , 260 D , 305 Bis , 305 Ter And 322 Ter To 322 Septies Of this Code, and of Art. 19, para. 2, Federal Act of 3 October 1951 on Narcotic Drugs 2 Cannot be evaded or the person charged with such an act cannot be arrested.

1 New content according to the c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).
2 RS 812.121

Art. 7. Punishability of acts committed in a representation report

7. Punishability of acts committed in a representation report

A particular duty, the violation of which establishes or aggravates the punishability and which is the sole responsibility of the legal person, the company or the enterprise on an individual basis 1 Is charged to a natural person when the person acts:

A.
As an organ of a body corporate or a member of such a body;
B.
As partners;
C.
As a collaborator of a corporation, corporation or business on an individual basis 2 Having independent decision-making power in the sector of activity for which it is responsible;
D.
As an effective leader who is not an organ or member of an organ, or an associate or collaborator.

1 Currently: individual business
2 Currently: individual business

Art. 8. Injury complaint. /Right of complaint

8. Injury complaint.

Right of complaint

1 If an offence is punished only upon complaint, any aggrieved person may file a complaint against the author.

2 If the injured party does not exercise civil rights, the right to complain belongs to its legal representative. If the person who is entitled is under guardianship or under guardianship, the right to complain also belongs to the adult protection authority. 1

3 The minor injured person or placed under a general curatelle has the right to lodge a complaint if he is capable of discernment. 2

4 If the injured party dies without filing a complaint or having expressly renounced a complaint, his or her right shall pass to each of his or her family members.

5 If the person who is entitled has expressly waived the right to file a complaint, the waiver is final.


1 New wording of the sentence as per c. 14 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).
2 New content according to the c. 14 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).

Art. 8. Injury complaint. /Delay

Delay

The right to file a complaint is three months. The short period of the day on which the person who is entitled has known the offender.

Art. 32 8. Injury complaint. /Indivisibility

Indivisibility

If a legal person has filed a complaint against any of the participants in the offence, all participants must be prosecuted.

Art. 33 8. Injury complaint. /Remove

Withdrawing

1 The person entitled to the proceedings may withdraw his complaint until the second cantonal instance judgment has been delivered.

2 Anyone who has withdrawn his complaint cannot renew it.

3 The withdrawal of the complaint against one of the accused benefits all others.

4 The withdrawal does not apply to the accused who opposes it.

Title 3 Penalties and measures

Chapter 1 Penalties

Section 1 Financial penalties, work of general interest, custodial sentence

Art. 34 1. Monetary penalty. /Fixation

1. Monetary penalty.

Fixation

1 Except as otherwise provided by law, the penalty shall not exceed 360 days. The judge fixes the number according to the author's guilt.

2 The fine day is no more than 3000 francs. The judge shall fix the amount according to the personal and economic circumstances of the author at the time of the judgment, in particular taking into account his income and his wealth, his way of life, his obligations to assist, in particular family, and Vital minimum.

3 The federal, cantonal and municipal authorities shall provide the judge with the information he needs to fix the amount of the fine.

4 The judgment indicates the number and amount of the fine days.

Art. 35 1. Monetary penalty. /Recovery

Recovery

1 The executing authority shall lay down a payment period of one to twelve months. It may authorize payment by instalments and, on request, extend the time limit.

2 If the executing authority has serious grounds for believing that the convict wants to evade the pecuniary penalty, it may require immediate payment or request security rights.

3 If the convict does not pay the pecuniary penalty within the prescribed period, the executing authority will sue him for debt, as long as a result can be expected.

Art. 36 1. Monetary penalty. /Punishment of the deprivation of liberty

Private deprivation of liberty of substitution

1 To the extent that the sentenced person does not pay the pecuniary penalty and that the penalty is unenforceable by way of prosecution for debts (Art. 35, para. 3), the penalty shall be replaced by a penalty of deprivation of liberty. A fine day corresponds to one day of deprivation of liberty. The subsequent payment of the penalty shall result in a proportionate reduction of the custodial sentence.

2 If the pecuniary penalty is imposed by an administrative authority, a judge must rule on the custodial sentence.

3 If the convicted person cannot pay the pecuniary penalty because, without his or her fault, the circumstances which determined the fixing of the amount of the fine-day have substantially deteriorated since the judgment, he may ask the judge to suspend the execution Of the custodial sentence and instead:

A.
Increase the payment period to a maximum of 24 months;
B.
Reduce the amount of the day;
C.
To order a work of general interest.

4 If the judge orders a work of general interest, s. 37, 38 and 39, para. 2, are applicable.

5 The custodial sentence shall be enforced to the extent that the convicted person does not pay the pecuniary penalty in spite of the extension of the payment period or the reduction in the amount of the fine-day or if he does not, despite a Warning, work of general interest.

Art. 2. Work of general interest. /Definition

2. Work of general interest.

Definition

1 In lieu of a custodial sentence of less than six months or a penalty of 180 days or more, the judge may order, with the consent of the author, a work of general interest of 720 hours or more.

2 Work of general interest must be carried out for the benefit of social institutions, public works or persons in need. He is not paid.

Art. 38 2. Work of general interest. /Execution

Executing

The executing authority shall lay down a period of up to two years in order to carry out the work of general interest.

Art. 39 2. Work of general interest. /Conversion

Converting

1 The judge shall convert the work of general interest into a pecuniary penalty or a penalty of deprivation of liberty to the extent that, despite a warning, the convicted person shall not execute the work in accordance with the judgment or the conditions and charges laid down by the The competent authority.

2 Four hours of work of general interest correspond to a fine day or to a day of deprivation of liberty.

3 A custodial sentence can only be ordered if it is necessary to admit that a financial penalty cannot be carried out.

Art. 40 3. Private liberty of liberty. /In general

3. Private liberty of liberty.

In general

The duration of the custodial sentence shall generally be at least six months and not more than 20 years. Where the law expressly provides for it, the penalty of deprivation of liberty shall be imposed on life.

Art. 3. Private liberty of liberty. /Short-term custodial sentence

Short-term custodial sentence

1 The judge may impose a custodial sentence of less than six months only if the conditions of the stay of execution of the sentence (art. 42) are not in place and if it is necessary to admit that neither a pecuniary penalty nor a work of general interest can be carried out.

2 The judge must justify the choice of the short custodial sentence in a detailed manner.

3 The deprivation of liberty imposed by conversion of a pecuniary penalty shall be reserved (art. 36) or because of the non-performance of work of general interest (art. 39).

Section 2 Sitting and partial relief from the execution of the sentence

Art. 1. Sursis in the execution of the sentence

1. Sursis in the execution of the sentence

1 The judge shall, as a general rule, suspend the execution of a pecuniary penalty, work of general interest or deprivation of liberty for at least six months and at most two years when a firm sentence does not appear necessary to divert the author Other crimes or offences.

2 If, during the five years preceding the offence, the author has been sentenced to a custodial sentence or suspended for at least six months or to a pecuniary penalty of 180 days at least, the execution of the sentence shall not be suspended. The penalty in case of particularly favourable circumstances.

3 The granting of the stay may also be refused where the author failed to repair the damage as could reasonably be expected of him.

4 The judge may rule, in addition to the stay, a non-suspended financial penalty or a fine in accordance with s. 106. 1


1 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Art. 43 2. Partial completion of sentence

2. Partial completion of sentence

1 The judge may partially suspend the execution of a pecuniary penalty, work of general interest or a custodial sentence of at least one year and not more than three years in order to properly account for the author's fault.

2 The party to be executed may not exceed half of the sentence.

3 In the event of a partial suspension of the execution of a custodial sentence, the suspended party, as well as the party to be executed, shall be at least six months. The rules for granting parole (s. 86) are not applicable to him.

Art. 44 3. Common provisions. /Time to test

3. Common provisions.

Test Delay

1 If the judge suspends or partially suspends the execution of a sentence, the judge shall issue a trial period of two to five years.

2 The judge may order probation assistance and impose rules of conduct for the duration of the test period.

3 The judge explained to the condemned the scope and consequences of the stay or partial stay of execution of the sentence.

Art. 45 3. Common provisions. /Success of the test

Success of the test

If the convicted person has been successfully tested, he or she does not carry out the suspended sentence.

Art. 3. Common provisions. /Failed to test

Failed to test

1 If, during the test period, the convicted person commits a crime or an offence and there is therefore a need for new offences to be committed, the judge shall revoke the stay or the partial stay. It may change the type of penalty revoked in order to establish, with the new sentence, an overall penalty in accordance with s. 49. It may, however, impose a custodial sentence only if the aggregate sentence reaches at least six months or if the conditions laid down in s. 41 are completed.

2 If there is no reason to expect the offender to commit new offences, the judge will waive the order for revocation. It may issue a warning to the condemned and extend the test period by half to the maximum of the duration fixed in the judgment. It may order probation assistance and impose rules of conduct for the extended test period. If the extension occurs after the expiry of the test period, it shall run from the day on which it is ordered.

3 The judge who is called to know the new crime or the new offence is also competent to rule on the revocation.

4 Art. 95, para. 3 to 5, is applicable if the convicted person subtracts from probation or violates the rules of conduct.

5 Revocation can no longer be ordered when three years have elapsed since the expiry of the test period.

Section 3 Sentence of punishment

Art. 1. Principle

1. Principle

1 The judge fixes the sentence on the basis of the author's guilt. It takes into account the background and personal circumstances of the latter, as well as the impact of the sentence on its future.

2 The guilt is determined by the seriousness of the injury or the danger of the legal good concerned, by the reprehensible nature of the act, by the author's motives and aims, and by the extent to which he could have avoided Endangtaking or wounding the person, taking into account his or her personal circumstances and the external circumstances.

Art. 48 2. Mitigating. /extenuating circumstances

2. Mitigating.

Mitigating circumstances

The judge mitigates the sentence:

A.
If the author has acted:
1.
By assigning to an honorable mobile;
2.
In deep distress;
3.
A serious threat;
4.
Under the ascendant of a person to whom he was to obey or to whom he depended;
B.
Whether the perpetrator was induced in serious temptation by the victim's conduct;
C.
Whether the perpetrator acted in a violent manner that the circumstances made excusable or if he acted in a state of deep distress;
D.
If the author has manifested a sincere repentance, in particular if he has repaired the damage as much as could be expected of him;
E.
Whether the interest in punishing has decreased significantly as a result of the time since the offence and the author has behavated well in the meantime.
Art. 48 A 2. Mitigating. /Effects of mitigation

Effects of Mitigation

1 The judge who mitigates the sentence is not bound by the minimum legal penalty for the offence.

2 It may impose a penalty of a different kind than the one provided for the offence, but it remains bound by the maximum and the legal minimum of each type of punishment.

Art. 3. Competition

3. Competition

1 If, by reason of one or more acts, the author fulfils the conditions of several similar penalties, the judge shall sentence him to the penalty of the most serious offence and increase it in a fair proportion. It shall not, however, exceed more than half the maximum penalty laid down for that offence. It is also bound by the legal maximum of each type of punishment.

2 If the judge is to give a conviction for an offence committed by the author before he has been convicted of another offence, he fixes the additional penalty so that the author is not punished more harshly than if the various Offences had been the subject of a single judgment.

3 If the author has committed one or more offences before the age of 18, the judge shall determine the overall penalty under paras. 1 and 2 so that it is not more severely punished than if the various offences had been the subject of separate judgments.

Art. 50 4. Obligation to motivate

4. Obligation to motivate

If the judgment is to be reasoned, the judge shall state in the reasons the relevant circumstances for the fixing of the sentence and their importance.

Art. 5. Imputation of pre-trial detention

5. Imputation of pre-trial detention

The judge ascribes to the sentence the pretrial detention of the author in the case of the case which has just been tried or another procedure. One day of detention corresponds to a fine or four hours of work of general interest.

Section 4 Exemption from punishment and suspension of proceedings 2

Art. 1. Grounds for exemption from punishment. /Lack of interest in punishing

1. Grounds for exemption from punishment.

Lack of interest in punishing 1

If the guilt of the author and the consequences of his act are minor, the competent authority shall waive the prosecution, return it to the judge or impose a sentence.


1 New content according to Art. 37 hp. 1 of the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).

Art. 1. Grounds for exemption from punishment. /Repair

Repairing

Where the author has repaired the damage or carried out all the efforts that could reasonably be expected from him in order to compensate for the damage he has caused, the competent authority shall waive the continuation, return it to the judge or impose a Punishment:

A.
Whether the conditions for the suspension of the execution of the sentence are fulfilled (art. 42); and
B.
Whether the public interest and the interest of the injured party in prosecuting the perpetrator are minor.
Art. 1. Grounds for exemption from punishment. /Infringement suffered by the author following his act

Infringement suffered by the author following his act

If the perpetrator has been directly affected by the consequences of his or her act to the extent that a sentence would be inappropriate, the competent authority shall waive the prosecution, return it to the judge or impose a sentence.

Art. 2. Common provisions

2. Common provisions

1 The judge does not revoke the stay of the sentence or parole if the conditions for a penalty exemption are met.

2 The cantons designate bodies responsible for the administration of criminal justice as competent authorities within the meaning of s. 52, 53 and 54.

Art. A 1 3. Suspension of proceedings. /Spouse, registered partner or victim partner

3. Suspension of proceedings.

Spouse, registered partner or victim partner 2

1 In the case of simple bodily harm (art. 123, c. 2, para. 3 to 5), repeated assault (art. 126, para. 2, let. B, b Bis And (c) threat (art. 180, para. 2) or compulsion (art. 181), the public prosecutor and the courts may suspend the proceedings: 3

A. 4
If the victim is:
1.
The spouse or former spouse of the author and the infringer was committed during the marriage or in the year after the divorce,
2.
The partner or former registered partner of the author and the infringement was committed during the registered partnership or in the year following its judicial dissolution,
3.
The partner or former heterosexual or homosexual partner of the author and the infringer was committed during the common household period or in the year following the separation, and
B.
If the victim or, where the victim does not exercise civil rights, his or her legal representative requires or agrees to the proposal for suspension.

2 The procedure shall be resumed if the victim or, where the victim does not exercise civil rights, his or her legal representative revoked the agreement, in writing or orally, within six months of the suspension. 5

3 In the absence of revocation of the agreement, the public prosecutor and the courts order the classification of the proceedings. 6

4 ... 7


1 Introduced by ch. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).
2 New content according to Art. 37 hp. 1 of the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).
3 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
4 New content according to Art. 37 hp. 1 of the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).
5 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
6 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
7 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Chapter 2 Measures

Section 1 Therapeutic and internment measures

Art. 56 1. Principles

1. Principles

1 A measure must be ordered:

A.
If a punishment alone cannot rule out the danger of the perpetrator of other offences;
B.
Whether the author needs treatment or public safety; and
C.
Whether the conditions under s. 59-61, 63 or 64 are completed.

2 The imposition of a measure presupposes that the resulting infringement of the personality rights of the author is not disproportionate to the likelihood that he or she commences new offences and their seriousness.

3 To order one of the measures provided for in s. 59 to 61, 63 and 64, or in the event of a change of sanction within the meaning of s. 65, the judge relies on expertise. It is determined by:

A.
The need for and the likelihood of successful treatment;
B.
The likelihood of the perpetrator of other offences and the nature of the other offences;
C.
On the possibility of carrying out the measure.

4 If the author has committed an offence within the meaning of s. 64, para. 1, the expertise must be carried out by an expert who has not dealt with the author or has dealt with it in any way.

4bis If the internment for life within the meaning of s. 64, para. 1 Bis , shall be considered, the judge shall take its decision on the basis of the expert opinion carried out by at least two independent experts, one of the other and experienced experts who have not dealt with the author or have dealt with it in any way. 1

5 As a general rule, the judge orders a measure only if an appropriate institution is available.

6 A measure whose conditions are no longer fulfilled must be lifted.


1 Introduced by ch. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).

Art. 56 A 1. Principles/Competition between several measures

Multi-measure competition

1 If several measures are appropriate, but only one is necessary, the judge orders the one who carries the least serious damage to the author.

2 If several measures are necessary, the judge may order them jointly.

Art. 57 1. Principles/Relationship between measures and penalties

Relationship between measures and penalties

1 If the conditions are met for a sentence or for a measure, the judge shall order the two penalties.

2 The execution of one of the measures provided for in Art. 59-61 grants a joint sentence of deprivation of liberty together with a sentence of deprivation of liberty which must be carried out as a result of revocation or reinstatement. Similarly, reinstatement to a measure under s. 62 A Awards a jointly delivered sentence.

3 The duration of the deprivation of liberty resulting from the execution of the measure shall be attributed to the duration of the sentence.

Art. 1. Principles/Enforcement

Executing

1 ... 1

2 The places of performance of the therapeutic measures referred to in Art. 59 to 61 shall be separated from the places of execution of the penalties.


1 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Art. 2. Institutional therapeutic measures. /Treatment of mental disorders

2. Institutional therapeutic measures.

Treatment of mental disorders

1 Where the author suffers from a serious mental disorder, the judge may order an institutional treatment under the following conditions:

A.
The perpetrator has committed a crime or a crime in relation to that disorder;
B.
It is anticipated that this measure will divert new offences in relation to this disorder.

2 Institutional treatment is carried out in an appropriate psychiatric facility or in an institution for the execution of the measures.

3 Treatment takes place in a closed institution as long as there is reason to fear that the author may escape or commission new offences. It may also be carried out in a penal institution within the meaning of s. 76, para. 2, insofar as the necessary therapeutic treatment is provided by qualified personnel. 1

4 Deprivation of liberty caused by institutional treatment may not generally exceed five years. If the conditions for parole are not met after five years and it is to be expected that the maintenance of the measure will divert the perpetrator of new crimes or new offences in relation to his or her mental disorder, the judge may Request of the executing authority, order the extension of the measure up to five years each time.


1 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Art. 60 2. Institutional therapeutic measures. /Treatment of addictions

Treatment of addictions

1 When the author is addicted or suffers from another addiction, the judge may order an institutional treatment under the following conditions:

A.
The perpetrator has committed a crime or a crime in relation to this addiction;
B.
It is expected that this treatment will divert it from other offences in relation to this addiction.

2 The judge shall take into account the application and the motivation of the author.

3 Treatment takes place in a specialized facility or, if necessary, in a psychiatric hospital. It must be adapted to the particular needs of the author and to the evolution of the author's condition.

4 Deprivation of liberty caused by institutional treatment may not generally exceed three years. If the conditions for parole are not met after three years and it is to be expected that the maintenance of the measure will divert the author from other crimes or offences in relation to his addiction, the judge may, at the request of The implementing authority, only to order the one-year extension of the measure. The deprivation of liberty caused by the measure may not exceed six years in total in the event of an extension and reinstatement following the release of parole.

Art. 61 2. Institutional therapeutic measures. /Measures applicable to young adults

Measures for young adults

1 If the author was less than 25 years old at the time of the offence and suffers from serious personality development problems, the judge may order his placement in an establishment for young adults under the following conditions:

A.
The perpetrator has committed a crime or a crime in relation to these disorders;
B.
It is to be expected that this measure will divert new offences in relation to these disorders.

2 Institutions for young adults shall be separated from the other institutions provided for in this Code.

3 Placement must promote the author's ability to live responsibly and without committing offences. In particular, it must enable it to acquire training or development.

4 The deprivation of liberty caused by the execution of the measure shall not exceed four years. In the case of reinstatement as a result of parole, a total of six years is not available. The measure must be lifted at the latest when the author reaches the age of 30.

5 If the author is also convicted of an act he has performed before the age of 18, he or she may perform the measure in a juvenile establishment.

S. 62 2. Institutional therapeutic measures. /Parole

Parole

1 The author is unconditionally released from the institutional execution of the measure as soon as his condition justifies giving him the opportunity to prove himself in freedom.

2 The test period is one year to five years in the case of a conditional release of the measure under s. 59 and one to three years in the case of conditional release of any of the measures provided for in s. 60 and 61.

3 The person released on parole may be required to undergo an outpatient treatment during the test period. The implementing authority may order, for the duration of the test period, probation assistance and impose rules of conduct.

4 If, at the end of the test period, it seems necessary to continue the ambulatory treatment of the person released on condition or to maintain probation or the rules of conduct to prevent the danger that it commends Other crimes or offences in relation to his or her condition, the judge may, at the request of the executing authority, extend the test period:

A.
Each time one to five years in the event of the conditional release of the measure under s. 59;
B.
One to three years in the event of a conditional release of any of the measures provided for in s. 60 and 61.

5 The test period for the conditional release of any of the measures provided for in s. 60 and 61 shall not exceed six years in total.

6 If the author has committed an offence under s. 64, para. 1, the test period may be extended as many times as necessary to prevent further offences of the same kind.

S. 62 A 2. Institutional therapeutic measures. /Failed to test

Failed to test

1 If, during the test period, the person who is released unconditionally commits an offence indicating the persistence of the danger that the measure should rule out, the judge who is aware of the new offence may, after hearing the implementing authority:

A.
Order reinstatement;
B.
To lift the measure and order another so long as the conditions are met;
C.
To lift the measure and order the execution of a custodial sentence provided that the conditions are met.

2 If, as a result of the new offence, the conditions of a custodial sentence are met and the sentence is entered into a competition with a penalty of deprivation of liberty suspended by the measure, the judge shall Application of s. 49.

3 If there is serious concern that, because of his or her behaviour during the test period, the person who is released unconditionally commences an offence under s. 64, para. 1, the judge who ordered the measure may order reinstatement at the request of the executing authority.

4 Reinstatement may not exceed five years for the measure provided for in s. 59 and two years for the measures provided for in s. 60 and 61.

5 In giving up the order for reinstatement or a new measure, the judge may:

A.
Issue a warning to the person who is conditionally released;
B.
Order outpatient treatment or probation assistance;
C.
To impose rules of conduct;
D.
Extend the test period of one to five years in the case of the measure under s. 59 and one to three years in the case of any of the measures provided for in s. 60 and 61.

6 Art. 95, para. 3 to 5, is applicable if the person released on condition is exempt from the probation assistance or violates the rules of conduct.

S. 62 B 2. Institutional therapeutic measures. /Final release

Final release

1 The person who is released unconditionally is released definitively if the person has been successfully tested.

2 The author shall be definitively released when the maximum period laid down in Art. 60 and 61 is reached and the conditions of parole are met.

3 If the duration of the deprivation of liberty caused by the measure is less than that of the custodial sentence, the remainder of the sentence is no longer carried out.

S. 62 C 2. Institutional therapeutic measures. /Lift of measurement

Levée of measure

1 The measure is lifted:

A.
Whether its execution or prosecution appears doomed to fail;
B.
If the maximum duration of the art. 60 and 61 have been reached and the conditions for parole are not met;
C.
If there is no or more suitable establishment.

2 If the duration of the deprivation of liberty caused by the measure is less than that of the custodial sentence suspended, the remainder of the sentence shall be executed. If the conditions for suspension of the execution of the custodial sentence or the conditional release are met, the execution of the remainder of the sentence shall be suspended.

3 The judge may order a new measure in place of the execution of the sentence if it is to be expected that this new measure will divert the author from other crimes or offences in relation to his condition.

4 If, at the time of the removal of an ordered measure because of an offence under s. 64, para. 1, it is seriously to be feared that the author may commute other similar offences, the judge may order internment at the request of the executing authority.

5 If, at the time of the lifting of the measure, the competent authority considers it appropriate to order an adult protection measure, it shall report it to the adult protection authority. 1

6 The judge may also remove an institutional therapeutic measure, before or during the execution of this measure, and order, instead of this measure, another institutional therapeutic measure if it is to be expected that this new measure Will clearly be better able to divert the perpetrator from other crimes or offences in relation to his or her condition.


1 New content according to the c. 14 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).

S. 62 D 2. Institutional therapeutic measures. /Review of the release and removal of the measure

Review of the release and removal of the measure

1 The competent authority shall examine, ex officio or upon request, whether the author can be released conditionally from the execution of the measure or whether the measure may be lifted and, if so, when it can be waived. It shall take a decision on this matter at least once a year. It shall, in advance, hear the author and request a report to the management of the establishment responsible for the execution of the measure.

2 If the author has committed an offence under s. 64, para. 1, the competent authority shall take a decision on the basis of independent expertise, after hearing a committee composed of representatives of the criminal prosecution authorities, the implementing authorities and the psychiatric community. The expert and representatives of the psychiatric community must not have treated the author or have dealt with him in any way.

S. 63 3. Ambulatory treatment. /Conditions and execution

3. Ambulatory treatment.

Conditions and execution

1 When the author suffers from a serious mental disorder, is addicted or suffers from another addiction, the judge may order outpatient treatment instead of institutional treatment under the following conditions:

A.
The author has committed an act punishable in relation to his or her condition;
B.
It is to be expected that this treatment will divert it from new offences in relation to its condition.

2 If the sentence is not compatible with the treatment, the judge may suspend, in favour of outpatient treatment, the execution of a custodial sentence imposed at the same time as the treatment, the execution of a custodial sentence Became enforceable as a result of the revocation of the stay and the enforcement of the balance of the sentence that became enforceable as a result of a reinstatement decision. It may order probation assistance and impose rules of conduct for the duration of the treatment.

3 The competent authority may order that the author be temporarily subjected to temporary initial institutional treatment if the measure allows for the subsequent transition to outpatient treatment. Institutional treatment may not exceed two months in total.

4 Ambulatory treatment may not generally exceed five years. If, at the expiry of the maximum period, it seems necessary to continue it in order to divert the author of other crimes or offences in relation to his mental disorder, the judge may, at the request of the executing authority, extend it from one to five years to Each time.

S. 63 A 3. Ambulatory treatment. /Lift of measurement

Levée of measure

1 The competent authority shall check at least once a year if the outpatient treatment is to be continued or stopped. Prior to this, she hears the author and requests a report from the person responsible for the treatment.

2 The competent authority shall order the cessation of outpatient treatment:

A.
When it has been successfully completed;
B.
If the prosecution appears doomed to fail;
C.
The expiry of the maximum legal period for the treatment of persons who are dependent on alcohol, drugs or drugs.

3 If, during outpatient treatment, the offender commits an offence stating that such treatment is unlikely to rule out the danger of new offences in relation to his or her condition, the judge who knows the new Offence orders the treatment to be stopped without result.

4 Art. 95, para. 3 to 5 applies if the author subtracts from the probation assistance or violates the rules of conduct.

S. 63 B 3. Ambulatory treatment. /Execution of the custodial sentence suspended

Execution of the custodial sentence suspended

1 If the outpatient treatment has been successfully completed, the custodial sentence shall not be enforced.

2 If the outpatient treatment is stopped because his prosecution appears doomed to failure (art. 63 A , para. 2, let. (b) because it has reached the maximum legal time (art. 63 A , para. 2, let. (c) or because it has remained without result (art. 63 A , para. 3), the custodial sentence shall be enforced.

3 If the outpatient treatment is dangerous to others, the custodial sentence shall be enforced and the outpatient treatment shall be carried out during the execution of the custodial sentence.

4 The judge decides in this respect to what extent the deprivation of liberty caused by outpatient treatment is imputed to the sentence. If the conditions of the conditional release or the suspension of the execution of the custodial sentence are met, it shall suspend the execution of the remainder of the sentence.

5 The judge may replace the execution of the sentence with an institutional therapeutic measure under s. 59 to 61 if it is to be expected that this measure will divert the perpetrator of new crimes or new offences in relation to his or her condition.

Art. 64 4. /Conditions and execution

4.

Conditions and execution

1 The judge orders the detention if the perpetrator has committed murder, murder, serious bodily harm, rape, banditry, hostage-taking, fire, endangerment of the lives of others, or another offence punishable by punishment A deprivation of liberty for at least five years, by which he has carried or intended to seriously impair the physical, mental or sexual integrity of another person and if: 1

A.
Because of the characteristics of the personality of the author, the circumstances in which he committed the offence and his or her experience, he is seriously concerned that he will not comment on other offences of the same kind; or
B.
As a result of a serious chronic or recurring mental disorder in relation to the offence, there is serious concern that the author will comment on other offences of the same type and that the measure under s. 59 seems doomed to failure.

1bis The judge orders the detention for life if the perpetrator has committed murder, murder, serious bodily harm, rape, banditry, sexual coercion, kidnapping, kidnapping or hostage-taking, if he or she has engaged in trafficking in persons. Human, participated in genocide or committed a crime against humanity or a war crime (Title 12 Ter ) And the following conditions are met: 2

A.
By committing the crime, the perpetrator carried or wanted to carry a particularly serious attack on the physical, psychological or sexual integrity of others;
B.
It is highly likely that the author re-comms one of these crimes;
C.
The author is described as durably non-amendable, as long-term therapy seems doomed to failure. 3

2 The execution of a custodial sentence shall precede internment. The provisions on the conditional release of the custodial sentence (art. 86 to 88) are not applicable. 4

3 If, during the execution of the custodial sentence, it is to be expected that the author will conduct himself properly at liberty, the judge shall determine the conditional release of the custodial sentence at the earliest on the day on which the author executed two thirds Of his sentence of deprivation of liberty or fifteen years in the case of a life sentence. The judge who pronounced the internment shall be competent. Moreover, art. 64 A Is applicable. 5

4 Internment shall be carried out in a place of execution of the measures or in an establishment provided for in Art. 76, para. 2. Public safety must be guaranteed. The author is subject, if necessary, to psychiatric care.


1 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).
2 New content according to the c. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).
3 Introduced by ch. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).
4 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).
5 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Art. 64 A 4. /Lift and release

Levée and Release

1 The author is unconditionally released from internment within the meaning of s. 64, para. 1, as soon as it is foreseeable that he will conduct himself properly at liberty. 1 The test period is two to five years. Probation assistance may be ordered and rules of conduct may be imposed for the duration of the test.

2 If, upon expiry of the test period, the continuation of probation assistance or rules of conduct appears necessary to prevent further offences under s. 64, para. 1, the judge may extend the test period from two to five years each time, at the request of the executing authority.

3 If it is seriously to be feared that, because of its behaviour during the test period, the person who is released unconditionally commences new offences within the meaning of s. 64, para. 1, the judge orders reinstatement at the request of the executing authority.

4 Art. 95, para. 3 to 5, is applicable if the person released on condition is exempt from the probation assistance or violates the rules of conduct.

5 The person who is released unconditionally is released definitively if the person has been successfully tested.


1 New content according to the c. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).

Art. 64 B 1 4. /Review of release

Review of release

1 The competent authority shall examine, ex officio or upon request:

A.
At least once a year and for the first time after a period of two years, if the author can be unconditionally released from the internment and, if so, when he can be released (art. 64 A , para. 1);
B.
At least once every two years and for the first time before the start of the internment, if the conditions for an institutional therapeutic treatment are met and a request to that effect must be made to the competent court (art. 65, para. 1).

2 It takes the decision according to para. 1 based on:

A.
A report from the institution's management;
B.
Independent expertise within the meaning of s. 56, para. 4;
C.
The hearing of a commission within the meaning of s. 62 D , para. 2;

D. The hearing of the author.


1 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Art. 64 C 1 4. /Review of the Release of Life-to-Life and Parole

Review of the Release of Life-to-Life and Parole

1 In the case of an internment for life within the meaning of Art. 64, para. 1 Bis , the competent authority shall examine, ex officio or upon request, whether new scientific knowledge could be used to treat the author in such a way that it no longer poses a danger to the community. It takes its decision on the basis of the report of the Federal Commission for the Prosecution of the Opportunities to Treat Life-to-Life Persons.

2 If the competent authority concludes that the author can be treated, it shall propose treatment to him. It takes place in a closed establishment. The provisions on the execution of the living-to-life course are applicable until the removal of the life-to-life measure within the meaning of para. 3.

3 Where the treatment has significantly reduced the danger of the author and may be further reduced to the point where it no longer poses a danger to the community, the judge shall lift the confinement to life and order a therapeutic measure Institutional within the meaning of s. 59 to 61 in a closed facility.

4 The judge may release the author unconditionally, who, because of his age, a serious illness or for another reason, no longer poses a danger to the community. Parole is governed by s. 64 A .

5 The judge who ordered the confinement to life is competent for the lifting of the internment for life and for parole. It shall take its decision on the basis of the expertise carried out by at least two independent experts, one of the other and experienced experts who have not dealt with the author or have dealt with it in any way.

6 The s. 1 and 2 are also applicable during the execution of the custodial sentence preceding the confinement to life. The lifting of the detention for life under para. 3 takes place at the earliest when the author has served two thirds of his sentence or 15 years of sentence in case of life sentence.


1 Introduced by ch. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).

Art. 5. Change of sanction

5. Change of sanction

1 If, before or during the execution of a custodial sentence or an internment within the meaning of s. 64, para. 1, the convicted person meets the conditions of an institutional therapeutic measure provided for in s. 59 to 61, the judge may order such action at a later date. 1 The competent judge shall be the one who sentenced or ordered internment. Execution of the balance of the sentence shall be suspended.

2 If, during the execution of the custodial sentence, new facts or evidence establish that a convict meets the conditions of the detention and these conditions were already met at the time of the judgment without the May have been aware of this, the judge may order the internment at a later date. The jurisdiction and the procedure are determined by the rules on revision. 2


1 New content according to the c. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).
2 Introduced by ch. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Section 2 Other measures

Art. 66 1. Preventive bond

1. Preventive bond

1 If there is reason to fear that the person who has threatened to commit a crime or a crime does not do so effectively or if a convicted person commits the formal intention to repeat his or her act, the judge may, at the request of the threatened person, Require the undertaking not to commit the offence and to compel it to provide sufficient security.

2 If he refuses to commit himself or, by reason of bad will, he does not provide security within the prescribed period, the judge may compel him to do so by ordering his detention. Such detention may not exceed two months. She is executed as a short sentence of deprivation of liberty (art. 79).

3 If the person commits the offence within two years from the day he provided the security, the security is vested in the State. If they do not, they shall be returned to the person entitled.

Art. 67 1 2. Prohibition of activity, prohibition of contact and geographical prohibition. /a. Prohibition of carrying on an activity, conditions

2. Prohibition of activity, prohibition of contact and geographical prohibition.

A. Prohibition of carrying on an activity, conditions

1 If the perpetrator has committed a crime or an offence in the course of a professional activity or an organized non-professional activity and has been convicted of the offence of deprivation of liberty for more than six months or a sentence of imprisonment Fines of more than 180 days, the judge may prohibit the judge in whole or in part from the exercise of that activity or of comparable activities for a period of six months to five years, if there is reason to fear that he will commit a new crime or Offence in the performance of this activity.

2 If the perpetrator has committed a crime or an offence against a minor or other particularly vulnerable person, and there is reason to be concerned that he or she will make a new act of the same kind in the course of a professional activity or activity not The judge may prohibit the exercise of this activity for a period of one to ten years, involving regular contact with minors or other particularly vulnerable persons.

3 If the author has been sentenced for one of the following acts to a custodial sentence of more than six months, to a pecuniary penalty of more than 180 days or to one of the measures provided for in s. 59 to 61 and 64, the judge forbids the exercise of any professional activity and any organised non-professional activity involving regular contact with minors for a period of ten years:

A.
Trafficking in human beings (art. 182), sexual coercion (art. 189), rape (art. 190), acts of a sexual nature committed on a person incapable of discernment or resistance (art. 191), sexual acts with persons hospitalized, detained or prevented (art. 192), abuse of distress (art. 193) and encouragement of prostitution (art. 195), if the victim was a minor;
B.
Sexual acts with children (art. 187) or dependent persons (art. 188);
C.
Qualified porn (art. 197, c. 3 2 ), if the objects or representations had the content of sexual acts with children.

4 If the author has been sentenced to a custodial sentence of more than six months, to a penalty of more than 180 days' fine or to any of the measures provided for in s. 59 to 61 and 64 for one of the following acts committed on a particularly vulnerable adult, the judge forbids the exercise of any professional activity and any organised non-professional activity involving regular contact with Particularly vulnerable adults for a period of ten years: trafficking in human beings (art. 182), sexual coercion (art. 189), rape (art. 190), acts of a sexual nature committed on a person incapable of discernment or resistance (art. 191), sexual acts with persons hospitalized, detained or prevented (art. 192), abuse of distress (art. 193) and encouragement of prostitution (art. 195).

5 If, in the course of the same procedure, the author has been sentenced to a sentence or a measure for a number of offences, the judge shall determine the share of the penalty or the measure corresponding to an offence giving rise to a prohibition against the practice of Activity. It orders a ban within the meaning of paras. 1, 2, 3 or 4 depending on that part, the ordered measure and the offence committed. Sentences which correspond to several offences falling into account for a given prohibition are added together. The judge may order several prohibitions to engage in an activity.

6 The judge may impose a prohibition on life within the meaning of paras. 2, 3 or 4 if it is to be expected that a ten-year period will not be sufficient to ensure that the author is no longer in danger. At the request of the implementing authorities, it may extend by five years not more than five years a prohibition imposed under paras. 2, 3 or 4 where such extension is necessary to prevent the perpetrator from committing a new crime or an offence of the same kind as the one that gave rise to the prohibition.

7 The judge may order probation assistance for the duration of the prohibition. It shall order it in all cases if the prohibition has been imposed for an act referred to in para. 3 or 4.


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
2 Art. 197 currently has a new content.

Art. 67 A 1 2. Prohibition of activity, prohibition of contact and geographical prohibition. /a. Prohibition-carrying on an activity, conditions/Content and scope

Content and scope

1 Are professional activities within the meaning of s. 67 activities carried out in the exercise as a principal or accessory of a profession, industry or trade. Activities carried out in the context of an association or other organisation and not serving, or not in the first place, for profit-making purposes are non-professional activities.

2 Prohibition of carrying on an activity within the meaning of s. 67 is to prohibit the author from carrying on an activity independently, as an organ of a legal person or a commercial company or as agent or representative of a third party or to have it carried on by a related person By his instructions.

3 If there is reason to fear that the author may commit offences in the course of his activity even though he is acting in accordance with the instructions and under the supervision of a superior or supervisor, the judge shall totally prohibit the author from exercising that Activity.

4 In the cases referred to in s. 67, para. 3 and 4, the activity is still totally prohibited.


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Art. 67 B 1 2. Prohibition of activity, prohibition of contact and geographical prohibition. /b. Prohibition of contact and geographical prohibition

B. Prohibition of contact and geographical prohibition

1 If the perpetrator has committed a crime or an offence against one or more specific persons or against the members of a particular group, the judge may order a contact ban or a geographical prohibition of not more than five years, if There is reason to fear that he will commit a new crime or offence in the event of contact with these persons.

2 By prohibition of contact or geographical prohibition, it may prohibit the author:

A.
To make contact, directly or through a third party, with one or more specified persons or members of a particular group, in particular by telephone, in writing or by electronic means, to employ them, to host them, Train, monitor, provide care or otherwise attend care;
B.
Approach a specified person or access a specific perimeter around his or her home;
C.
To attend certain sites, such as streets, squares or specified quarters.

3 The competent authority may order the use of a technical device fixed by the author for the enforcement of the prohibition. This device can be used to locate the author.

4 The judge may order probation assistance for the duration of the prohibition.

5 It may extend the five-year ban in at least five years at the request of the implementing authorities, where such extension is necessary to prevent the perpetrator from committing a new crime or offence against a minor or other person Particularly vulnerable.


1 Introduced by ch. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Art. 67 C 1 2. Prohibition of activity, prohibition of contact and geographical prohibition. /c. Common Provisions/Enforcement of the Prohibition

C. Common provisions

Enforcement of the prohibition

1 The prohibition imposed shall have effect from the day on which the judgment enters into force.

2 The duration of the execution of a custodial sentence or a measure resulting in deprivation of liberty (art. 59 to 61 and 64) is not attributed to the prohibition.

3 If the author has not been successfully tested and the sentence handed down is enforced or the reinstatement in the execution of a sentence or a measure is ordered, the duration of the ban runs from the day on which the author is Released unconditionally or definitively or from the day on which the sanction is handed down or lifted.

4 If the author has been successfully tested, the competent authority shall rule on the lifting of the prohibition within the meaning of Art. 67, para. 1, or s. 67 B Or on the limitation of its duration or content.

5 The author may ask the competent authority to lift the ban or limit its duration or content:

A.
For prohibitions within the meaning of s. 67, para. 1, and 67 B : after a period of execution of at least two years;
B.
For prohibitions of limited duration within the meaning of s. 67, para. 2: after half the duration of the prohibition, but after a period of at least three years;
C.
For prohibitions of limited duration within the meaning of s. 67, para. 3 and 4: after a period of execution of at least five years;
D.
For life bans within the meaning of s. 67, para. 2 to 4: after a period of at least ten years.

6 If there is no reason to fear that the perpetrator will commit a new crime or offence in the exercise of the activity concerned or in the event of contact with specified persons or members of a particular group and if he has repaired the damage he has caused As long as it could be expected from him, the competent authority shall lift the prohibition in the cases provided for in paras. 4 and 5.

7 If the convicted person infrings a ban on carrying on an activity, a prohibition of contact or a geographical prohibition, if he does not comply with the probation assistance with the prohibition or if the probation assistance cannot be Or is no longer required, the competent authority shall submit a report to the judge or the implementing authority. The judge or enforcement authority may lift the probation assistance or order a new one.

8 If the convict subtracts from probation assistance during the test period, s. 95, para. 4 and 5, applicable.

9 If the convicted person infrings a prohibition on carrying on an activity, a contact ban or a geographical prohibition during the test period, s. 294 and the provisions on revocation of stay or partial relief and reinstatement in the execution of the sentence or measure are applicable.


1 Introduced by ch. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Art. 67 D 1 2. Prohibition of activity, prohibition of contact and geographical prohibition. /c. Common provisions/Amendment of prohibition or subsequent prohibition of prohibition

Amendment of a prohibition or subsequent prohibition of a prohibition

1 If, during the execution of a prohibition on carrying on an activity, a prohibition of contact or a geographical prohibition, the author meets the conditions for an extension of the prohibition or an additional prohibition of this Type, the judge may later extend the ban or order a new one at the request of the implementing authorities.

2 If, during the execution of a custodial sentence or a measure resulting in deprivation of liberty, the author meets the requirements of a prohibition within the meaning of s. 67, para. 1 or 2, or s. 67 B , the judge may, at a later date, order the prohibition at the request of the implementing authorities.


1 Introduced by ch. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Art. 67 E 1 3. Driving prohibition

3. Driving prohibition

If the author has used a motor vehicle to commit a crime or an offence, the judge may order a sentence or measure under s. 59 to 64 withdrawal of the driver's licence or driver's licence for a period of one month to five years if there is reason to fear further abuse.


1 Formerly art. 67 B .

Art. 68 4. Publication of Judgement

4. Publication of Judgement

1 If the public interest, the interest of the injured person or the interest of the person entitled to lodge a complaint so require, the judge shall order the publication of the judgment at the expense of the convicted person.

2 If the public interest, the interest of the accused acquitted or the interest of the person released from indictment so requires, the judge shall order the publication of the acquittal judgment or the decision to release the criminal prosecution at the expense of the State Or whistleblower.

3 Publication in the interests of the injured person, the person entitled to lodge a complaint, the accused acquitted or the person released from any charge shall be made only at their request.

4 The judge shall determine the details of the publication.

Art. 69 5. Confiscation. /a. Confiscation of hazardous objects

5. Confiscation.

A. Confiscation of hazardous objects

1 Even though no individual is punishable, the judge shall declare the confiscation of the objects which have served or were intended to be used to commit an offence or which are the proceeds of an offence, if these objects compromise the security of the Persons, morals or public order.

2 The judge may order that confiscated items be put out of use or destroyed.

Art. 5. Confiscation. /b. Confiscation of heritage values. /Principles

B. Confiscation of heritage values.

Principles

1 The judge pronounces the confiscation of the heritage values which are the result of an offence or which were intended to decide or reward the author of an offence, if they are not to be returned to the injured person in reinstatement of his or her Rights.

2 Confiscation is not pronounced when a third party has acquired the values in ignorance of the facts that would have justified it, in so far as it provided an adequate counterbenefit or if the confiscation proves to be excessive.

3 The right to order the confiscation of values is prescribed by seven years, unless the prosecution of the offence in question is subject to a longer period of limitation; it is then applicable.

4 The confiscation order is the subject of an official notice. The claims of aggrieved or third parties shall be extinguished five years after that notice.

5 If the amount of the values subject to confiscation cannot be determined precisely, or if such determination requires disproportionate means, the judge may make an estimate.

Art. 5. Confiscation. /b. Confiscation of heritage values. /Compensatory credit

Compensatory claim

1 Where the heritage values to be confiscated are no longer available, the judge shall order their replacement by a countervailing claim of the State of an equivalent amount; it may be pronounced against a third party only to the extent that the conditions Under s. 70, para. 2, are not realized.

2 The judge may waive all or part of the compensating claim if it is to be expected that it would not be recoverable or that it would seriously hinder the reintegration of the person concerned.

3 The investigating authority may place in receivership, for the performance of a countervailable claim, the heritage values belonging to the person concerned. The receiver does not create a right of preference in favour of the State in the enforced execution of the countervailing claim.

Art. 72 5. Confiscation. /b. Confiscation of heritage values. /Confiscation of the heritage values of a criminal organization

Confiscation of the heritage values of a criminal organization

The judge shall declare the confiscation of all the heritage values on which a criminal organization exercises a power of disposition. Values belonging to a person who has participated in or provided support to a criminal organization (s. 260 Ter ) Shall be presumed, until proven otherwise, to the power of disposition of the organization.

Art. 6. Allowance for the injured

6. Allowance for the injured

1 If a crime or an offence has caused injury to a person which is not covered by any insurance, and if there is reason to fear that the author will not fix the damage or the moral damage, the judge shall, at his request, award the injured party up to the Damages or moral compensation fixed by a judgment or transaction:

A.
The amount of the penalty or fine paid by the convicted person;
B.
Confiscated objects and heritage values or the proceeds of their realization, under the deduction of costs;
C.
Countervailing claims;
D.
The amount of the preventive bond.

2 The judge may order this measure only if the injured party gives the State a corresponding share of its claim.

3 The cantons establish a simple and rapid procedure in cases where it is not possible to order such an allowance in the criminal judgment.

Title 4 Enforcement of custodial sentences and measures leading to deprivation of liberty

S. 74 1. Principles

1. Principles

The prisoner and the person performing a measure have the right to respect for their dignity. The exercise of their rights may be restricted only to the extent required by the deprivation of liberty and by the requirements of the collective life in the establishment.

Art. 75 2. Enforcement of custodial sentences. /Principles

2. Enforcement of custodial sentences.

Principles

1 The execution of the custodial sentence must improve the inmate's social behaviour, in particular his ability to live without committing offences. It must correspond as far as possible to ordinary living conditions, provide the detainee with the necessary assistance, combat the harmful effects of deprivation of liberty and adequately address the need for protection of the Community, staff and inmates.

2 ... 1

3 The settlement of the settlement provides that an execution plan is established with the inmate. The plan includes the provision of assistance, the ability to work and acquire training or development, the repair of damage, relations with the outside world and the preparation of the release.

4 The inmate must be an active participant in the resocialization effort and in the preparation of his release.

5 The specific concerns and needs of inmates, according to their gender, must be taken into account.

6 Where the prisoner is conditionally or permanently released and subsequently appears to have existed against him, upon his release, an enforceable judgment imposing a custodial sentence shall be waived. This penalty:

A.
If, for a reason attributable to the executing authority, the sentence has not been carried out with the other penalty;
B.
If, upon release, the inmate was in good faith based on the assumption that there was no other enforceable judgment against him or her, and
C.
Whether the execution of this judgment may jeopardise its reintegration.

1 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Art. 75 A 1 2. Enforcement of custodial sentences. /Specific security measures

Specific security measures

1 The Commission referred to in s. 62 D , para. 2, when dealing with an investment in an institution for the execution of open penalties or the granting of relief in respect of enforcement, the dangerous character of the inmate for the community if the following conditions are met:

A.
The inmate committed a crime under s. 64, para. 1;
B.
The executing authority cannot give a categorical opinion on the inmate's dangerous character in the community.

2 The concessions in the execution are the softening of the regime of deprivation of liberty, such as the transfer of an open institution, the granting of leave, the authorisation to work or to stay outside and the conditional release.

3 The inmate's dangerous nature for the community is recognized if there is reason to fear that the inmate may abscond and commute another offence by which he would seriously impair the physical, mental or sexual integrity of others.


1 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Art. 76 2. Enforcement of custodial sentences. /Place of enforcement of custodial sentences

Place of enforcement of custodial sentences

1 The custodial sentences are carried out in a closed or open establishment.

2 The inmate is placed in a closed institution or in the closed section of an open institution if there is reason to fear that he or she may escape or commission new offences.

Art. 77 2. Enforcement of custodial sentences. /Regular execution

Regular execution

In general, the inmate works in the institution and spends his or her leisure and rest hours.

Art. 77 A 2. Enforcement of custodial sentences. /External work and external housing

External work and external housing

1 The deprivation of liberty shall be carried out in the form of external work if the prisoner has suffered a portion of his or her sentence, usually at least half, and if there is no reason to fear that he or she may absconn or commission new offences.

2 In the case of external work, the prisoner works outside the institution and spends his or her leisure and rest hours in the institution. The shift to external work occurs in principle after an appropriate stay in an open establishment or in the open section of a closed establishment. Household work and child care are considered external work.

3 If the prisoner gives satisfaction in the external work, the execution of the sentence continues in the form of external work and housing. The inmate is housed and works outside the institution, but remains subject to the enforcement authority.

Art. 77 B 2. Enforcement of custodial sentences. /Semi-Detention

Semi-Detention

A custodial sentence of six months to one year is carried out in the form of a semi-custodial sentence if there is no reason to fear that the prisoner will absconist or commit new offences. The inmate continues to work or train outside the institution and spends his or her leisure and rest hours in the institution. The support of the convicted person must be guaranteed during the execution time.

S. 78 2. Enforcement of custodial sentences. /Cellular detention

Cellular detention

Cellular detention in the form of continuous isolation from other inmates may be ordered only:

A.
For a period of not more than one week at the beginning of the sentence and to prepare for the execution;
B.
To protect the inmate or third parties;
C.
As a disciplinary sanction.
Art. 2. Enforcement of custodial sentences. /Execution of short custodial sentences

Execution of short custodial sentences

1 The deprivation of liberty of less than six months and the balances of imprisonment of less than six months after the charge of the pre-trial detention is generally carried out in the form of semi-detention.

2 On request, custodial sentences of up to four weeks may be executed in the form of separate days. The sentence is divided into several periods of detention and executed on the inmate's days of rest or vacation.

3 Semi-detention and execution on separate days can also be carried out in the special section of a pre-trial detention facility.

Art. 80 2. Enforcement of custodial sentences. /derogatory enforcement forms

Derogating runtime forms

1 It is possible to derogate from the rules on the execution of the custodial sentence in favour of the inmate:

A.
Where the inmate's health condition requires;
B.
During pregnancy, during delivery and immediately thereafter;
C.
So that the mother can live with her young child, provided that it is also in the best interest of the child.

2 An inmate who does not serve his or her sentence in a custodial facility, but in another appropriate institution, shall be subject to the rules of that institution unless otherwise available to the executing authority.

Art. 2. Enforcement of custodial sentences. /Work

Working

1 The inmate is required to work. This work must correspond, as far as possible, to its abilities, training and interests.

2 If the inmate consents, the inmate may be held with a private employer.

Art. 2. Enforcement of custodial sentences. /Training and Development

Training and Development

The prisoner must, as far as possible, be able to acquire training and development commensurate with his or her abilities.

Art. 83 2. Enforcement of custodial sentences. /Compensation

Compensation

1 The inmate shall be paid for his or her work in relation to his or her benefits and adapted to the circumstances.

2 During the execution of the sentence, the prisoner may freely dispose of only part of his or her remuneration. The other party is a reserve fund for which he or she will be released. Compensation may not be seized, sequestered or dropped into a bankrupt estate. His assignment or pledge is void.

3 The inmate receives a fair amount of compensation when participating in training and development courses that the execution plan provides for in lieu of work.

Art. 84 2. Enforcement of custodial sentences. /Relations with the outside world

Relations with the outside world

1 The prisoner has the right to receive visits and to maintain relations with the outside world. Relations with friends and relatives must be fostered.

2 Relationships can be monitored; they may be limited or prohibited for reasons of order and security of the institution. The monitoring of visits is not permitted if the persons concerned are not informed. The procedural measures to ensure criminal prosecution are reserved.

3 Ecclesiastics, doctors, lawyers, notaries, tutors and persons performing similar tasks may be permitted to communicate freely with inmates within the limits set out in the Rules of Procedure. Establishment.

4 Relations with defenders must be allowed. The defenders' visits can be monitored, but listening to conversations is forbidden. The examination of the content of the correspondence and the writings of the lawyer is not permitted. In case of abuse, the competent authority may prohibit relations with a lawyer.

5 The inmate's relationship with the supervisory authorities cannot be subject to control.

6 Leave of an appropriate length shall be granted to the prisoner to enable him to maintain relations with the outside world, to prepare his or her discharge or for special reasons, provided that his conduct during the execution of the He or she is not opposed to it and there is no reason to fear that he will run away or commit other offences.

6bis No leave or other relief in the execution of the sentence shall be granted to persons living for life during the execution of the sentence preceding the confinement. 1

7 The following are reserved for art. 36 of the Vienna Convention of 24 April 1963 on Consular Relations 2 And the other rules of public international law linking Switzerland with respect to visits and correspondence.


1 Introduced by ch. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).
2 RS 0.191.02

Art. 85 2. Enforcement of custodial sentences. /Controls and inspections

Controls and inspections

1 The personal effects and accommodation of the inmate may be inspected for safety and security reasons.

2 A detainee suspected of hiding prohibited items on him or inside his body may be subjected to a physical search. It must be carried out by a person of the same sex. If it involves undressing, it will be done in the absence of other inmates. The examination of the inside of the body shall be carried out by a doctor or other medical staff member.

Art. 86 2. Enforcement of custodial sentences. /Parole. /a. Grant

Parole.

A. Grant

1 The competent authority shall unconditionally release the prisoner who has suffered two-thirds of his or her sentence, but at least three months' imprisonment, if his conduct during the execution of the sentence is not opposed and there is no reason to fear that he or she Commission of new crimes or offences.

2 The competent authority shall examine ex officio whether the prisoner can be conditionally released. She asked for a report to the management of the institution. The inmate must be heard.

3 If it has refused parole, the competent authority must review its decision at least once a year.

4 Exceptionally, the prisoner who has suffered half of his or her sentence, but at least three months' imprisonment, may be released on parole if there are extraordinary circumstances in which he or she is justified.

5 In the case of a life sentence, parole may occur as soon as possible after 15 years in the case provided for in para. 1 and after ten years in the case provided for in para. 4.

Art. 2. Enforcement of custodial sentences. /Parole. /b. Test Delay

B. Test period

1 The prisoner shall be given a conditional period of probation equal to the duration of the balance of his sentence. However, this period shall be at least one year and not more than five years.

2 The executing authority shall, as a rule, order probation assistance for the duration of the test period. It can impose rules of conduct.

3 If parole was granted for a custodial sentence that had been imposed as a result of an offence under s. 64, para. 1, and that, upon expiry of the test period, it is necessary to extend the probation assistance or the rules of conduct to prevent new offences of the same kind, the judge may, at the request of the implementing authority, extend Probation assistance or rules of conduct of one to five years each time, or order new rules of conduct for that period. In this case, reinstatement in the execution of the sentence according to art. 95, para. 5, is not possible.

Art. 2. Enforcement of custodial sentences. /Parole. /c. Success of the test

C. Test success

If the test is successfully tested, the release is final.

Art. 89 2. Enforcement of custodial sentences. /Parole. /d. Failed to test

D. Failed to test

1 If, during the period of probation, a person who is released unconditionally commits a crime or an offence, the judge who is aware of the new offence orders his or her reintegration into the institution.

2 If, in spite of the crime or the offence committed during the test period, there is no reason to fear that the convicted person will not commit any further offences, the judge shall give up the reinstatement. It may issue a warning to the convicted person and extend the test period by half to the maximum of the period originally fixed by the competent authority. If the extension occurs after the expiry of the test period, it shall run from the day on which it is ordered. The provisions on probation assistance and rules of conduct (art. 93 to 95) are applicable.

3 Art. 95, para. 3 to 5, is applicable if the person released on parole is exempt from probation assistance or if it violates the rules of conduct.

4 Reintegration can no longer be ordered when three years have elapsed since the expiry of the test period.

5 The pretrial detention that the author has undergone during the reinstatement procedure must be charged to the balance of the sentence.

6 If, as a result of the new offence, the conditions of a custodial sentence are met and the sentence is entered into a contest with the balance of the sentence that has become enforceable as a result of the revocation, the judge shall declare under s. 49, a whole sentence. It is governed by the provisions on parole. If only the balance of the sentence is to be carried out, s. 86, para. 1 to 4, applies.

7 If the balance of the sentence becomes enforceable as a result of a decision to re-enter into a competition with any of the measures provided for in s. 59 to 61, art. 57, para. 2 and 3, is applicable.

Art. 3. Perform measures

3. Perform measures

1 The person performing a measure under s. 59 to 61 may not be subject to continuous isolation from persons other than:

A.
As a provisional therapeutic measure;
B.
For personal protection or for third party protection;
C.
As a disciplinary sanction.

2 At the beginning of the execution of the measure, a plan shall be drawn up with the person concerned or his legal representative. This plan includes the treatment of mental disorder, dependence or personality development disorder, and ways to avoid endanging third parties.

2bis Measures under s. 59 to 61 and 64 may be carried out in the form of external work and accommodation if it can reasonably be assumed that they will make a decisive contribution to achieving the objective pursued and that there is no reason to fear that the person He or she does not escape or commission any other offences. Art. 77 A , para. 2 and 3 shall apply mutatis mutandis. 1

3 If the person concerned is fit for work, he or she must be encouraged to work as long as the institutional treatment or care requires or permits. In this case, art. 81 to 83 shall apply mutatis mutandis.

4 Art. 84 shall apply mutatis mutandis to the relations of the person concerned with the outside world, provided that the requirements of the institutional treatment do not entail additional restrictions.

4bis Art. 75 A Shall apply mutatis mutandis to the placement in an open establishment and to the granting of relief in the execution. 2

4ter No discharge or other relief is granted during the lifetime of the confinement. 3

5 Art. 85 on controls and inspections shall apply mutatis mutandis.


1 Introduced by ch. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).
2 Introduced by ch. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).
3 Introduced by ch. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).

Art. 91 4. Common provisions. /Disciplinary law

4. Common provisions.

Disciplinary law

1 Inmates and persons performing a measure that is inconsistent with the requirements or plan of execution are subject to disciplinary sanctions.

2 Disciplinary sanctions are:

A.
Warning;
B.
The temporary, complete or partial deletion of the possibility of financial resources, leisure activities and relations with the outside world;
C. 1
Amen;
D. 2
Judgments, as an additional restriction of freedom.

3 The cantons shall lay down disciplinary provisions for the enforcement of penalties and measures. These provisions define the elements of disciplinary offences, the nature of the sanctions and the criteria for their fixation, as well as the applicable procedure.


1 Introduced by c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).
2 Formerly let. C.

Art. 92 4. Common provisions. /Interruped execution

Interrupde Execution

The execution of sentences and measures may be interrupted for a serious reason.

Art. 92 A 1 4. Common provisions. /Right to information

Right to information

1 Victims and relatives of the victim within the meaning of s. 1, para. 1 and 2, of the Act of 23 March 2007 on victim assistance (LAVI) 2 And third parties, to the extent that they have a proper interest in protection, may request in writing to the implementing authority that they inform them:

A.
The commencement of the execution of a sentence or a measure by the convict, the establishment of enforcement, the form of execution, if the execution diverges from the ordinary execution, interruption of enforcement, relief in performance (art. 75 A , para. 2), conditional or final discharge and reinstatement in the execution;
B.
Without delay, from any escape from or from the end of the convicted person.

2 The executing authority shall decide on the application after hearing the convict.

3 It may refuse to inform or revoke its decision to do so only if justified by a preponderant interest of the convicted person.

4 If the executing authority accepts the request, it shall pay its attention to the confidential nature of the information provided. Persons entitled to victim assistance under the LAVI are not kept confidential to the person responsible for advising them in a consultation centre within the meaning of s. 9 LAVI.


1 Introduced by ch. I 1 of the PMQ of Sept. 2014 on the right of the victim to be informed, in force since 1 Er Jan 2016 ( RO 2015 1623 ; FF 2014 863 885).
2 RS 312.5

Title 5 Probation assistance, rules of conduct and optional social assistance

Art. 93 Probation Assistance

Probation Assistance

1 Probation assistance must preserve those who are in charge of the commission of new offences and promote their social integration. The probation authority provides the necessary assistance directly or in collaboration with other specialists.

2 The staff of the probation services must keep their findings confidential. They may disclose information about the individual's personal circumstances to third parties only with the written consent of the individual or the probation authority.

3 The authorities of the criminal administration may apply to the probation authority for a report on the person in charge.

Art. 94 Rules of conduct

Rules of conduct

The rules of conduct which the judge or the implementing authority may impose on the convicted person for the duration of the test period shall relate in particular to his professional activity, his place of residence, the driving of motor vehicles, the repair of the Damage as well as medical and psychological care.

Art. 95 Common provisions

Common provisions

1 Before deciding on probation or the rules of conduct, the judge and the enforcement authority may request a report from the probationary authority, the supervision of the rules of conduct or the enforcement of the The prohibition on carrying on an activity, the prohibition of contact or the geographical prohibition. 1 The data subject may take a position on this report. Diverging opinions should be mentioned.

2 The judgment or decision must establish and motivate the provisions on probation assistance and rules of conduct.

3 If the convicted person does not comply with the rules of conduct or if the probation or the rules of conduct cannot be carried out or are no longer necessary, the competent authority shall submit a report to the Judge or enforcement authority. 2

4 In the cases provided for in para. 3, the judge or enforcement authority may:

A.
Extend the test period to a maximum of half of its duration;
B.
Lifting the probation assistance or ordering a new one;
C.
Amend the rules of conduct, revoke or impose new rules of conduct.

5 In the cases provided for in para. 3, the judge may also revoke the stay or order reinstatement in the execution of the sentence or measure if there is serious concern that the convicted person will not commit any further offences.


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
2 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Art. 96 Social Assistance

Social Assistance

During the criminal procedure and during the execution of the sentence, the person concerned may benefit from cantonal social assistance.

Title 6 Prescribed

Art. 97 1. Issue of criminal proceedings. /Timelines

1. Issue of criminal proceedings.

Delays

1 Criminal action is prescribed:

A.
30 years if the maximum penalty is deprivation of liberty for life;
B.
15 years if the maximum penalty is a custodial sentence of more than three years;
C.
Ten years if the maximum penalty is a custodial sentence of three years;
D.
Seven years if the maximum penalty is another sentence. 1

2 In the case of sexual acts with children (art. 187) and dependent persons (art. 188), and in the case of offences within the meaning of s. 111, 113, 122, 124, 182, 189 to 191, 195 and 197, para. 3, directed against a child under 16 years of age, the limitation period for criminal proceedings is in any case up to the day the victim is 25 years of age. 2

3 The limitation period is no longer short if, before its expiry, a judgment of first instance has been rendered.

4 The requirement of criminal proceedings in the event of sexual acts with children (art. 187) and dependent minors (art. 188), and in the case of offences within the meaning of s. 111 to 113, 122, 182, 189 to 191 and 195 directed against a child under 16 years of age committed prior to the entry into force of the October 5, 2001 amendment 3 Is fixed according to paras. 1 to 3 if not yet matured on that date. 4


1 New content according to the c. I l of the PMQ of 21 June 2013 (Extension of limitation periods), in force since 1 Er Jan 2014 ( RO 2013 4417 ; FF 2012 8533 )
2 New content according to the c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).
3 RO 2002 2993
4 New content according to Art. 2 hp. 1 of the FA of 24 March 2006 (Optional Prot. Of 25 May 2000 relating to the Rights of the Child on the sale of children, child prostitution and child pornography), in force since 1 Er Dec. 2006 ( RO 2006 5437 ; FF 2005 2639 ).

Art. 98 1. Issue of criminal proceedings. /Starting point

Starting Point

The short prescription:

A.
From the day on which the perpetrator carried out his or her guilty activity;
B.
From the day of the last act if the activity has been carried out on several occasions;
C.
From the day on which the guilty acts ceased if they had a certain duration.
Art. 2. Issue of sentence. /Timelines

2. Issue of sentence.

Delays

1 Sentences are prescribed:

A.
30 years if a sentence of deprivation of liberty has been imposed;
B.
25 years if at least ten years' deprivation of liberty has been imposed;
C.
20 years if a custodial sentence of at least five years but less than ten years has been imposed;
D.
Fifteen years if a custodial sentence of more than one year but less than five years has been imposed;
E.
Five years if another sentence has been imposed.

2 The limitation period for a custodial sentence is extended:

A.
The duration of the uninterrupted execution of the sentence, another penalty of deprivation of liberty or a measure carried out immediately before;
B.
The duration of probation in the case of parole.
Art. 100 2. Issue of sentence. /Starting point

Starting Point

The limitation period begins on the day on which the judgment becomes enforceable. In the case of a suspended sentence or a previous execution of a measure, it shall run from the day on which the execution of the sentence is ordered.

Art. 101 3. Imprescibility

3. Imprescibility

1 Are not imprescriptible:

A.
Genocide (art. 264);
B.
Crimes against humanity (art. 264 A , para. 1 and 2);
C.
War crimes (art. 264 C , para. 1 to 3, 264 D , para. 1 and 2, 264 E , para. 1 and 2, 264 F , 264 G , para. 1 and 2, and 264 H );
D.
Crimes committed for the purpose of coercion or extortion and which endanger or threaten to endanger the lives and the bodily integrity of a large number of persons, in particular by the use of mass extermination, by The triggering of a disaster or an acquisition of a share; 1
E. 2
Sexual acts with children (art. 187, c. 1), sexual coercion (art. 189), rape (art. 190), sexual acts committed on a person incapable of discernment or resistance (art. 191), sexual acts with persons hospitalized, detained or prevented (art. 192, para. 1) and the abuse of distress (art. 193, para. 1), when they were committed on children under 12 years of age.

2 The judge may mitigate the sentence if the criminal action is prescribed under s. 97 and 98.

3 The s. 1, let. A, c and d, and 2 shall apply if the criminal action or punishment was not prescribed on 1 Er January 1983 under the applicable law on that date. L' al. 1, let. B, is applicable if the criminal action or penalty was not prescribed at the entry into force of the amendment of 18 June 2010 of this Code, under the law applicable on that date. L' al. 1, let. E, is applicable if the criminal action or penalty was not prescribed on 30 November 2008 under the law applicable to that date 3 . 4


1 New content according to the c. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).
2 Introduced by c. I 1 of the PMQ of 15 June 2012 (Imprescibility of sexual or pornographic acts committed on impudent children), in force since 1 Er Jan 2013 ( RO 2012 5951 ; FF 2011 5565 ).
3 Phrase introduced by ch. I 1 of the PMQ of 15 June 2012 (Imprescibility of sexual or pornographic acts committed on impudent children), in force since 1 Er Jan 2013 ( RO 2012 5951 ; FF 2011 5565 ).
4 New content according to the c. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).

Title 7 Corporate Responsibility

Art. 102 Punishability

Punishability

1 A crime or an offence that is committed within a business in the course of commercial activities in accordance with its purposes shall be charged to the undertaking if it cannot be attributed to any natural person determined by reason of lack of organization of The company. In this case, the company is liable to a fine of not more than five million francs.

2 In the event of an offence under s. 260 Ter , 260 D , 305 Bis , 322 Ter , 322 D Or 322 Septies , para. 1, or art. 4 A , para. 1, let. A, of the Federal Act of 19 December 1986 against unfair competition 1 , the undertaking shall be punished independently of the punishing of natural persons if it is to be criticised for not having taken all reasonable and necessary organisational measures to prevent such an infringement. 2

3 The judge shall fix the fine in particular according to the gravity of the infringement, the lack of organisation and the damage caused, and the economic capacity of the undertaking.

4 The following are undertakings within the meaning of this Title:

A.
Legal persons under private law;
B.
Legal persons under public law, except territorial corporations;
C.
Corporations;
D.
Businesses on an individual basis.

1 RS 241
2 New content according to Art. 2 hp. 2 of the AF of 7 Oct. 2005 (Council of Europe Criminal Law on Corruption and its Prot. Add.), effective from 1 Er Jul. 2006 ( RO 2006 2371 ; FF 2004 6549 ).

Art. 102 A 1

1 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Part 2 Contraventions

Art. 103 Definition

Definition

Contraventions are offences punishable by a fine.

Art. 104 Application of the provisions of Part I

Application of the provisions of Part I

The provisions of Part I of this Code apply to contraventions, subject to changes resulting from the following sections.

Art. 105 Restrictions in the application

Restrictions in the application

1 The relief and partial relief provisions (s. 42 and 43) and those on the responsibility of the undertaking (art. 102 and 102 A 1 ) Are not applicable in the event of a contravention.

2 Attempt and complicity are punishable only in cases expressly provided for by law.

3 Measures resulting in deprivation of liberty (art. 59 to 61 and 64), prohibition of carrying on an activity (art. 67), prohibition of contact and geographical prohibition (art. 67 B ) And publication of the judgment (art. 68) may be ordered only in cases expressly provided for by law. 2


1 Art. Repealed. See currently art. 112 of the PPC (RS 312.0 ).
2 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Art. 106 Fine

Fine

1 Unless otherwise provided by law, the maximum amount of the fine shall be 10 000 francs.

2 The judge pronounces in his judgment, in cases where, in a wrongful manner, the convicted person does not pay the fine, a custodial sentence of at least one day at least and not more than three months.

3 The judge shall fix the fine and the penalty of deprivation of liberty, taking into account the author's circumstances so that the sentence corresponds to the mistake committed.

4 The subsequent payment of the fine results in a proportional reduction of the custodial sentence.

5 Art. 35 and 36, para. 2 to 5, shall apply mutatis mutandis to the execution and conversion of the fine.

Art. 107 Work of general interest

Work of general interest

1 With the consent of the author, the judge may order, instead of the fine, work of general interest of up to 360 hours.

2 The implementing authority shall set a maximum period of one year for the performance of work of general interest.

3 If, despite a warning, the convicted person does not carry out the work of general interest, the judge shall order the execution of the fine.

S. 108 1

1 For reasons of legislative technique, this article is without content. Rectified by the Ass CoR. Fed. (art. 58 al. 1 LParl; RS 171.10 ).

S. 109 Limitation period

Limitation period

Criminal action and punishment are prescribed for three years.

Part 3 Definitions

Art. 110

1 The Close A person is his or her spouse, registered partner, direct parents, brothers and sisters gerhands, inbred or uterine, and his or her parents, siblings and adoptive children. 1

2 The Familiar Of a person are those who work together with her.

3 By Public servants Public servants and employees of public administration and justice, persons who are in the public service on a temporary basis, or who are employed on an interim basis by a public administration or the Or who have a temporary public service.

3bis Where a provision refers to the concept of thing, it also applies to animals. 2

4 Are from Titles All written material intended and capable of proving a fact having a legal scope and all signs intended to prove such a fact. The recording on data carriers and on media-images is assimilated to a writing if it has the same destination.

5 Are from Authentic titles All titles issued by members of an authority, officials or public officers acting in the performance of their duties. The following are excepted from the administration of economic enterprises and monopolies of the State or other corporations or institutions of public law relating to civil law matters.

6 The Day Is counted for twenty-four consecutive hours. The month and year are counted from the quantieme to the quantieme.

7 The Pretrial detention Is any detention ordered during a criminal trial for the purposes of the investigation, for reasons of security or for extradition.


1 New content according to Art. 37 hp. 1 of the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).
2 RO 2006 3583



1 New content according to the c. I of the LQ of Dec 13. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
2 New content according to the c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).

Book 2 Special provisions

Title 1 Contravention of life and bodily integrity

S. 111 1. Homicide. /Murder

1. Homicide.

Murder

The person who intentionally killed a person shall be punished by deprivation of liberty 1 At least five years, as the conditions laid down in the following Articles shall not be fulfilled.


1 New expression according to c. II 1 al. 1 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 112 1 1. Homicide. /Assassination

Assassination

If the offender has killed with a particular absence of scruples, in particular if his motive, purpose or manner of acting is particularly abhorrent, he shall be punished by deprivation of liberty for life or deprivation of liberty for at least ten years. 2


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 113 1 1. Homicide. /Passive Murder

Passive Murder

If the offender has killed while in the midst of a violent emotion that the circumstances made excusable, or at the time of the act in a state of deep distress, the offender will be punished with a custodial sentence of one to ten years. 2


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 114 1 1. Homicide. /Murder on victim's request

Murder on the victim's request

The person who, ceding to an honorable mobile, including mercy, has given the death to a person on the serious and instating demand of the person shall be punished by deprivation of liberty for three years or a pecuniary penalty 2 .


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New expression according to c. II 1 al. 2 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 115 1. Homicide. /Incity/Suicide Assistance

Inciting and Assisted Suicide

The person who, driven by a selfish motive, has incited a person to commit suicide, or assisted him in suicide, will be, if the suicide has been consumed or attempted, punished with a custodial sentence of up to five years or a pecuniary penalty 1 .


1 New expression according to c. II 1 al. 3 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 116 1 1. Homicide. /Infanticide

Infanticide

The mother who killed her child during childbirth or when she was still under the influence of the puerperal state will be punished with a custodial sentence of up to three years or a pecuniary penalty.


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

Art. 1. Homicide. /Negligent Homicide

Neglect Homicide

A person who, through negligence, has caused the death of a person shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

Art. 118 1 2. Interruption of pregnancy. /Interruption of punishable pregnancy

2. Interruption of pregnancy.

Punishable termination of pregnancy

1 A person who interrupts a woman's pregnancy with her consent, or the instigation or assistance to interrupt her pregnancy without the conditions set out in s. 119 will be punished with a custodial sentence of up to five years or a pecuniary penalty.

2 Whoever interrupts the pregnancy of a woman without her consent will be punished with a custodial sentence of one to ten years 2 .

3 A woman who interrupts her pregnancy, interrupts or participates in the interruption in any way after the twelfth week following the beginning of the last rules, without the conditions laid down in art. 119, para. 1, will be punished with a custodial sentence of up to three years or of a pecuniary penalty.

4 The criminal actions referred to in paras. 1 and 3 are prescribed by three years. 3


1 New content according to the c. I of the PMQ of 23 March 2001 (Interruption of pregnancy), in force since 1 Er Oct. 2002 ( RO 2002 2989 ; FF 1998 2629 4734).
2 New expression according to c. II 1 al. 4 of the 13 Dec PMQ. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.
3 New content according to the c. I of the PMQ of 22 March 2002 (Issue of criminal proceedings), in force since 1 Er Oct. 2002 ( RO 2002 2986 ; FF 2002 2512 1579).

S. 119 1 2. Interruption of pregnancy. /Interruption of non-punishable pregnancy

Interruption of non-punishable pregnancy

1 The termination of pregnancy shall not be punishable if a medical opinion demonstrates that it is necessary in order to eliminate the danger of serious harm to the physical integrity or a state of deep distress of the pregnant woman. The danger must be all the more serious as the pregnancy is advanced.

2 The termination of pregnancy is also not punishable if, on the written request of the woman who invokes that she is in distress, she is practised within twelve weeks of the beginning of the last rules by a doctor Qualified to practise his or her profession. The doctor must first have a thorough discussion with the pregnant woman and the counsellor.

3 The consent of the legal representative of the pregnant woman is required if she is unable to discernment.

4 The canton refers to the offices and hospitals that fulfil the conditions necessary for the practice of termination of pregnancy in the rules of the art and in the indepth council of the pregnant woman.

5 For statistical purposes, any termination of pregnancy must be announced to the competent public health authority; the anonymity of the woman concerned is guaranteed and the medical confidentiality must be respected.


1 New content according to the c. I of the PMQ of 23 March 2001 (Interruption of pregnancy), in force since 1 Er Oct. 2002 ( RO 2002 2989 ; FF 1998 2629 4734).

Art. 120 1 2. Interruption of pregnancy. /Contraventions by the physician

Contraventions by the physician

1 Will be fined 2 A doctor who interrupts a pregnancy under s. 119, para. 2, and omits before the intervention:

A.
Require a written request from the pregnant woman;
B.
To have a thorough discussion with the pregnant woman, to advise her and to inform her about the medical risks of the intervention, as well as to hand him over to her against signing a file containing:
1.
A list of consultation centres that offer their services free of charge;
2.
A list of associations and bodies that may provide moral or material support;
3.
Information on the possibilities for adoption of the child;
C.
Self-insure, if the pregnant woman is less than sixteen years of age, that she has addressed a specialist consultation centre for minors.

2 The doctor who fails to notify the competent public health authority, in accordance with s. 119, para. 5, of the termination of pregnancy.


1 New content according to the c. I of the PMQ of 23 March 2001 (Interruption of pregnancy), in force since 1 Er Oct. 2002 ( RO 2002 2989 ; FF 1998 2629 4734).
2 New expression according to c. II 1 al. 5 of the 13 Dec PMQ. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 121 1

1 Repealed by c. I of the PMQ of 23 March 2001 (Interruption of pregnancy), with effect from 1 Er Oct. 2002 ( RO 2002 2989 ; FF 1998 2629 4734).

Art. 122 1 3. Tangible injuries. /Serious bodily injury

3. Tangible injuries.

Serious bodily injury

The person who, intentionally, has injured a person in such a way as to endanger his or her life

The person who, intentionally, mutilated the body of a person, one of its members or one of its important organs or caused a person to be unable to work, an infirmity or a permanent mental illness, or disfigured a person from a Serious and permanent,

The person who, intentionally, has caused any other person to have serious bodily or physical or mental health impairment,

Be punished with a custodial sentence of up to ten years or a penalty of 180 days at least. 2


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 123 1 3. Tangible injuries. /Simple body lesions

Simple bodily injury

1. A person who, intentionally, has caused another person to suffer bodily harm or health, shall, upon complaint, be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.

In cases of minor gravity, the judge will be able to mitigate the sentence (art. 48 A ). 2

2. The penalty shall be a deprivation of liberty of up to three years or a pecuniary penalty and the prosecution shall take place ex officio,

If the offender has made use of the poison, weapon or hazardous object,

A person who is not in a state of defence or a person, including a child, who is in the custody or in which he or she has a duty to care.

If the perpetrator is the spouse of the victim and the infringement was committed during the marriage or in the year following the divorce, 3

If the perpetrator is the registered partner of the victim and the infringement was committed during the registered partnership or in the year following its judicial dissolution, 4

If the perpetrator is the heterosexual or homosexual partner of the victim as long as they have a common household for an indefinite period of time and the infringement was committed during that period or in the year following the separation. 5


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New content of s. According to c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 By. Introduced by c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).
4 By. Introduced by c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).
5 Formerly by. 4. Introduced by c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).

Art. 124 1 3. Tangible injuries. /Female Genital Mutilation

Female Genital Mutilation

1 Those who have mutilated female genital organs, have seriously and durably compromised their natural function or have carried out any other offence shall be punished by deprivation of liberty for at least ten years or of a pecuniary penalty of 180 At least fine-days.

2 Anyone who is in Switzerland and is not extradited and commits mutilation abroad is punishable. Art. 7, para. 4 and 5, applicable.


1 New content according to the c. I of the PMQ of Sept. 30. 2011, effective from 1 Er Jul. 2012 ( RO 2012 2575 ; FF 2010 5125 5151).

Art. 125 3. Tangible injuries. /bodily injury by negligence

Lebodily injury by negligence

1 A person who, by negligence, has caused a person to suffer bodily harm or health, shall, upon complaint, be punished by deprivation of liberty for not more than three years or a pecuniary penalty 1 .

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


1 New expression according to c. II 1 al. 2 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 3. Tangible injuries. /Assault Channels

Assault Channels

1 A person who has surrendered to a person in a way of fact who has not caused any bodily injury or damage to health shall, upon complaint, be fined.

2 The prosecution will take place ex officio if the author has acted repeatedly:

A.
Against a person, including a child, of whom he or she had custody or duty to ensure;
B.
Against his or her spouse during the marriage or in the year after divorce;
B Bis . 1 Against the partner during the registered partnership or in the year following the dissolution of the partnership;
C.
Against his or her heterosexual or homosexual partner, provided that they have a common household for an indefinite period of time and that the attacks were committed during that period or in the year following the separation. 2

1 Introduced by c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).
2 Introduced by ch. I of the PMQ of June 23, 1989 (RO 1989 2449; FF 1985 II 1021). New content according to the c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 (RO 2004 1403; FF 2003 1750 1779).

Art. 127 1 4. Endanging the life or health of others. /Exposure

4. Endanging the life or health of others.

Exposure

A person who, having custody of a person who is not in a position to protect himself or herself or the duty to ensure that he or she has been exposed to a danger of death or to a serious and imminent danger to health, or will have abandoned it in such a danger, shall be punished with a sentence of Freedom of up to five years or a pecuniary penalty.


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

S. 128 1 4. Endanging the life or health of others. /Omission to assist

Omission to assist

A person who has not provided assistance to a person whom he or she has injured or who is in danger of imminent death, when he or she could reasonably be required to do so, given the circumstances,

The person who prevented a third party from assisting or obstrucing it in the performance of that duty,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

S. 128 Bis 1 4. Endanging the life or health of others. /False Alert

False Alert

The person who, knowingly and without reason, will have alerted the public security or general interest services, the rescue or rescue stations, in particular the police, the firemen or the health services, shall be punished with a custodial sentence of No more than three years or a financial penalty.


1 Introduced by ch. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).

Art. 129 1 4. Endanging the life or health of others. /endangering the lives of others

Endanging the lives of others

Those who, without scruples, have put others in danger of imminent death, shall be punished by deprivation of liberty for not more than five years or of a pecuniary penalty.


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

Art. 130 To 132 1

1 Abrogate speaks c. I of the PMQ of 23 June 1989, with effect from 1 Er Jan 1990 (RO) 1989 2449; FF 19851 II 1021).

Art. 133 1 4. Endanging the life or health of others. /Rixe

Boxing

1 Anyone who has taken part in a fight that has resulted in the death of a person or a bodily injury will be punished with a custodial sentence of up to three years or a pecuniary penalty.

2 It is not a punishable offence to repel an attack, to defend others or to separate the combatants.


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

Art. 134 1 4. Endanging the life or health of others. /Aggression

Aggression

A person who has participated in an attack directed against one or more persons in which one or a third person dies or has suffered a bodily injury shall be punished by deprivation of liberty for not more than five years, or A financial penalty 2 .


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New expression according to c. II 1 al. 6 of the LQ of Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 135 1 4. Endanging the life or health of others. /Representation of violence

Representation of violence

1 Those who have manufactured, imported or taken into circulation, put into circulation, promoted, exposed, offered, shown, made available or made available to sound or visual recordings, images, other objects or representations that illustrate with Insistence on acts of cruelty to human beings or animals which seriously violate human dignity, without presenting any cultural or scientific value worthy of protection, shall be punished with a custodial sentence of three At most or a financial penalty.

1bis The person who has acquired, obtained by electronic means or otherwise, or possessed objects or representations referred to in para. 1, to the extent that they illustrate acts of violence against human beings or animals, shall be punished with a custodial sentence of one year or more or of the fine. 2 3

2 The objects will be confiscated.

3 If the perpetrator acted in a gainful design, the penalty shall be a deprivation of liberty of up to three years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed. 4


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 Introduced by ch. I of the 5 Oct PMQ. 2001 (Offences against sexual integrity; prohibition of possession of objects or representations relating to pornography), in force since 1 Er April 2002 ( RO 2002 408 ; FF 2000 2769 ).
4 New expressions according to c. II 1 al. 7 of the LQ of Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 136 1 4. Endanging the life or health of others. /Remittance to children of substances that may endanger their health

Remittance to children of substances that may endanger their health

Any person who has given to a child under the age of sixteen or has made available to him alcoholic beverages or other substances in quantities that may endanger his or her health shall be punished by deprivation of liberty for up to three years, or A financial penalty.


1 New content according to the c. II of the PMQ of 20 March 2008, in force since 1 Er Jul. 2011 ( RO 2009 2623 , 2011 2559; FF 2006 8141 8211).

Heading 2 1 Offences against the heritage

Art. 137 1. Heritage offences. /Unlawful appropriation

1. Heritage offences.

Unlawful Appropriation

1. A person who, in order to procure or procure an illegitimate enrichment by a third party, will have appropriated a security right belonging to another person shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty, as the Conditions under s. 138 to 140 will not be realized.

2. If the author has found the thing or if the thing has fallen into his power independently of his will,

If it has acted without any enrichment plan or

Whether the act was committed to the prejudice of relatives or pets,

The offence will only be prosecuted on a complaint.

Art. 138 1. Heritage offences. /Confidence Abuse

Trust Abuse

1. The one who, in order to procure or procure an illegitimate enrichment from third parties, would have appropriated a movable property belonging to others and entrusted to it,

The person who, without the right, has used his or her own or one-third of the heritage values entrusted to him,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

The abuse of trust committed to the detriment of relatives or pets will be prosecuted only on complaint.

2. If the author has acted as a member of an authority, civil servant, guardian, curator, manager of wealth or in the exercise of a profession, industry or trade to which the public authorities have authorized it, the penalty shall be Penalty of deprivation of liberty for up to ten years or a financial penalty 1 .


1 New expression according to c. II 1 al. 8 of the 13 Dec PMQ. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Article 139 1. Heritage offences. /Vol

Flight

1. The person who, in order to procure or procure an illegitimate enrichment by a third party, will have subtracted a security belonging to another person for the purpose of appropriating it shall be punished by deprivation of liberty for not more than five years Monetary.

2. The theft shall be punished with a deprivation of liberty for at least ten years or a penalty of at least 90 days 1 If the author is a member of the flight.

3. The theft shall be punished with a deprivation of liberty for at least ten years or a penalty of 180 days at least 2 ,

If the author has committed it as an affiliate of a band formed to commit brigandings or robberies,

If the person has a firearm or other dangerous weapon, or

If in any other way the manner of action denotes that it is particularly dangerous.

4. The theft committed to the prejudice of relatives or pets will be prosecuted only on complaint.


1 New expression according to c. II 1 al. 9 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.
2 New expression according to c. II 1 al. 10 of the 13 Dec PMQ. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 140 1. Heritage offences. /Goodwill

BrigBargaining

1. A person who has committed an act of violence against a person by threatening an imminent danger to life or bodily integrity or by putting it out of the state of resisting shall be punished by deprivation of liberty for up to ten years Or a pecuniary penalty of 180 days at least.

Those who, caught in the act of theft, have committed one of the acts of constraint mentioned in para. 1 in order to keep the thing stolen will face the same penalty.

2. The banditry shall be punished with deprivation of liberty for at least one year 1 , if the author has a firearm or other dangerous weapon.

3. The banditry shall be punished with a custodial sentence of at least two years,

If the author has committed it as an affiliate of a band formed to commit brigandings or robberies,

If in any other way the manner of action denotes that it is particularly dangerous.

4. The penalty shall be the deprivation of liberty of at least five years, if the perpetrator placed the victim in danger of death, subjected him to a serious bodily injury, or treated him cruelly.


1 New expression according to c. II 1 al. 12 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 141 1. Heritage offences. /Subtract from a security

Subtraction of a security

Whoever, without any purpose of appropriation, will have removed a security from the right and thereby caused him considerable damage will be, on complaint, punishable by a custodial sentence of up to three years or of a pecuniary penalty.

Art. 141 Bis 1. Heritage offences. /Use without the right of heritage values

Use without the right of heritage values

A person who, without a right, has used his or her profit or for the benefit of a third of the heritage values which has fallen in his power independently of his will, shall, upon complaint, be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

Art. 142 1. Heritage offences. /Energy subtraction

Energy Subtract

1 The person who, without the right, will have subtracted from energy at an installation used to exploit a natural force, including an electrical installation, shall, upon complaint, be punished by deprivation of liberty for three years or more Monetary.

2 If the author of the act had the purpose of procuring or providing an illegitimate enrichment to a third party, the penalty shall be a deprivation of liberty of five years or more or a financial penalty.

Art. 143 1. Heritage offences. /Subtract data

Data Subtract

1 A person who, for the purpose of procuring or procuring an illegitimate enrichment by a third party, has, for himself or a third party, subtracted from the data recorded or transmitted electronically or in a similar manner, which was not And who were specially protected against undue access, shall be punished by deprivation of liberty for not more than five years or of a pecuniary penalty.

2 Subtraction of data committed to the detriment of relatives or pets will be continued only on complaint.

Art. 143 Bis 1 1. Heritage offences. /Undue access to a computer system

Undue access to a computer system

1 Any person who is without the right, by means of a data transmission device, in a computer system belonging to another person and specially protected against any access on his part is, on complaint, punished with a custodial sentence of three At most or a financial penalty.

2 A person who releases or makes available a password, program or other information that he or she knows or must assume is to be used for the purpose of committing an offence under para. 1 is punishable by a custodial sentence of up to three years or a pecuniary penalty.


1 New content according to Art. 2 hp. 1 of the AF of 18 March 2011 (Council of Europe on Cybercrime), in force since 1 Er Jan 2012 ( RO 2011 6293 ; FF 2010 4275 ).

Art. 1. Heritage offences. /Property Damage

Property Damage

1 A person who has damaged, destroyed or put out of use something belonging to another person or struck by a right of use or usufruct for the benefit of others shall, upon complaint, be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

2 If the author has committed the damage to the property on the occasion of a public event, the prosecution will take place ex officio.

3 If the author has caused considerable damage, the judge will be able to impose a custodial sentence of one to five years. The prosecution will take place ex officio.

Art. Bis 1. Heritage offences. /Data Deterioration

Data Deterioration

1. The person who, without the right, has modified, erased, or put out of the use of the data recorded or transmitted electronically or in a similar fashion shall, upon complaint, be punished by deprivation of liberty for not more than three years or of a financial penalty.

If the author has caused considerable damage, the judge will be able to impose a custodial sentence of one to five years. The prosecution will take place ex officio.

2. The person who manufactured, imported, put into circulation, promoted, offered or in any way made available software of which he knew or was to presume that they were to be used for the purpose of committing an offence referred to in c. 1, or who has provided indications for their manufacture, shall be punished with a custodial sentence of up to three years or of a pecuniary penalty.

If the author trades such acts, the judge will be able to impose a custodial sentence of one to five years.

Art. 145 1. Heritage offences. /Misuse of matters with a right of pledge or retention

Misuse of things subject to a right of pledge or retention

The debtor who, for the purpose of harming his creditor, will have subtracted from the creditor a right of pledge or retention, arbitrarily disposed of, damaged, destroyed, impaired or put out of use will be, on complaint, punished A custodial sentence of up to three years or a financial penalty.

Art. 146 1. Heritage offences. /Scrutiny

Escroquerie

1 A person who, for the purpose of procuring or procuring an illegitimate enrichment by an illegitimate third party, will have astutely misled a person by false statements or concealment of true facts or will have astutely The victim of acts prejudicial to his pecuniary interests or to those of a third party shall be punished by deprivation of liberty for not more than five years or of a pecuniary penalty.

2 If the perpetrator trades in the scam, the penalty will be a deprivation of liberty for at least ten years or a penalty of at least 90 days.

3 The scam committed to the detriment of relatives or pets will only be prosecuted on a complaint.

Art. 147 1. Heritage offences. /Fraudulation of a computer

Frauduling computer use

1 A person who, for the purpose of procuring or procuring an illegitimate enrichment by an illegitimate third party, shall have, by using data improperly, incomplete or inappropriately, or by using a similar process, an influence on an electronic process or A similar treatment or transmission of data and will, through the incorrect result thus obtained, cause a transfer of assets to the detriment of others or have concealed it immediately thereafter, shall be punished with a deprivation of liberty for five years at the More or a pecuniary penalty.

2 If the perpetrator trades such acts, the penalty shall be a deprivation of liberty for at least ten years or a penalty of at least 90 days.

3 The fraudulent use of a computer to the detriment of relatives or pets will be prosecuted only on complaint.

Article 148 1. Heritage offences. /Cheque Card and Credit Card Abuse

Cheque Card and Credit Card Abuse

1 A person who, if insolvent or unwilling to discharge his or her due credit, will have obtained heritage benefits using a cheque card, credit card or similar means of payment, thereby adversely affecting the interest As long as the issuing body and the contractual undertaking took the measures that could be expected from them in order to avoid the abuse of the card, which would be punishable by a penalty of deprivation of the Freedom of up to five years or a financial penalty.

2 If the perpetrator trades such acts, the penalty shall be a deprivation of liberty for at least ten years or a penalty of at least 90 days.

Art. 149 1. Heritage offences. /Hostel Filoutry

Hostel Filoutry

Those who have been accommodated, served food or drinks, or who have obtained other benefits from a hotel or restaurant establishment, and who will have frustrated the establishment of the amount to be paid will, on complaint, be punished by a A custodial sentence of up to three years or a financial penalty.

Art. 150 1. Heritage offences. /Fraudulation of a benefit

Fraudulently obtaining a benefit

He who, without an unfellowship, fraudulently obtained a benefit which he knew should be provided only against payment, in particular that which

Have used a public conveyance,

Have acceded to a representation, exhibition or similar event,

Have been used on a computer or an automatic device,

Be, on complaint, punishable by a custodial sentence of up to three years or a pecuniary penalty.

Art. 150 Bis 1 1. Heritage offences. /Manufacture and placing on the market of equipment used to fraudulently decode encrypted services

Manufacture and placing on the market of equipment used to fraudulently decode encrypted services

1 The person who manufactured, imported, exported, transported, placed on the market or installed devices whose components or data processing programs are used to fraudulently decode television programs or services Encrypted telecommunication or are used for this purpose will, upon complaint, be punishable by the fine. 2

2 Attempt and complicity are punishable.


1 Introduced by ch. 2 of the Annex to the PMQ of 30 April 1997 on telecommunications, in force since 1 Er Jan 1998 (RO) 1997 2187; FF 1996 III 1361).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 151 1. Heritage offences. /Hiring to the pecuniary interest of others

Hiring to the pecuniary interest of others

Those who, without any plans for enrichment, have astutely misled a person by spurious claims or the concealment of true facts or will have wreathed it in error and thus determined it to act Prejudicial to its pecuniary interests or to those of a third party shall, on complaint, be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

Art. 152 1. Heritage offences. /False information on commercial enterprises

False information on commercial enterprises

A person who, as a founder, a proprietor, a member of the management board, the board of directors or the board of revisers or liquidator of a commercial, cooperative or other company, is a member of the management board, the board of directors or the liquidator. Business carried on in the commercial form,

Have given or cause to be given, in communications to the public or in reports or proposals intended for all members of a commercial or cooperative corporation or to the participants of another business carried on in the form of business, of False or incomplete information of considerable importance, which may determine others to dispose of its assets in a manner prejudicial to its pecuniary interest,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 153 1. Heritage offences. /False communications to the Trade Register authorities

False communications to the Trade Register authorities

A person who has determined a trade register authority to register a fact contrary to the truth or will have a fact to be registered shall be punished by deprivation of liberty for not more than three years Monetary.

Art.

Repealed

Art. 155 1. Heritage offences. /Falsification of goods

Falsification of Goods

1. The person who, in order to deceive others in the business relationship, has manufactured goods whose real value is less than the appearance of the appearance, in particular by counterfeiting or falsifying those goods, will have imported, Made in the deposit or in circulation of such goods,

Be punished with a custodial sentence of up to three years or a pecuniary penalty, provided that the offence does not fall under a more severe penalty provision.

2. 1 If the perpetrator trades such acts, the penalty shall be deprivation of liberty for up to five years or a pecuniary penalty, provided that the offence does not fall within the scope of a more severe punishment.


1 New content according to the c. I 1 of the 3 Oct LF. 2008 (Revised Recommendations of the Financial Action Task Force), effective from 1 Er Feb 2009 ( RO 2009 361 ; FF 2007 5919 ).

Article 156 1. Heritage offences. /Extortion and blackmail

Extortion and blackmail

1. A person who, for the purpose of procuring or procuring an illegitimate enrichment by a third party, has determined a person to be engaged in acts prejudicial to his or her pecuniary interest or to those of a third party, by using violence or by threatening to Serious damage, will be punished with a custodial sentence of up to five years or a financial penalty.

2. If the perpetrator is involved in extortion or has continued to repeat his actions against the victim,

The sentence will be a custodial sentence of one to ten years.

3. If the perpetrator has engaged in violence against a person or threatened an imminent danger to life or bodily integrity, the penalty shall be that provided for in s. 140.

4. If the author has threatened to endanger the life or the bodily integrity of a large number of people or cause serious harm to things of an important public interest, the penalty shall be a deprivation of liberty for at least one year 1 .


1 New expression according to c. II 1 al. 12 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 157 1. Heritage offences. /Usure

Usure

1. The person who has exploited the discomfort, the dependence, the inexperience or the weakness of the judgment capacity of a person by being granted or promised by it, for himself or for a third party, in exchange for a benefit, benefits Economic monetary disproportion with the economy,

The person who has acquired a debt claim and will have disposed of it, or

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

2. If the author trades in wear, the penalty will be a custodial sentence of one to ten years.

S. 158 1. Heritage offences. /Unfair Management

Unfair Management

1. Those who, by virtue of the law, an official mandate or a legal act, are required to manage the pecuniary interests of others or to supervise their management and who, in breach of their duties, have infringed those interests or have permitted them to Be punished by deprivation of liberty for up to three years or a pecuniary penalty.

The business manager who, without a warrant, has acted, will face the same penalty.

If the author has acted with the intention of procuring or providing an illegitimate enrichment to a third party, the judge will be able to impose a custodial sentence of one to five years.

2. A person who, for the purpose of procuring or obtaining an illegitimate enrichment by an illegitimate third party, has abused the power of representation conferred on it by the law, an official mandate or a legal act and thus adversely affects the interests of the Pecuniary penalty shall be punishable by deprivation of liberty for up to five years or a pecuniary penalty.

3. Unfair management to the detriment of relatives or pets will be prosecuted only on complaint.

Art. 159 1. Heritage offences. /Misuse of payroll deductions

Deduction of Payroll Deductions

An employer who has breached the obligation to assign a deduction from wages to the payment of taxes, premiums, insurance premiums or other purposes on behalf of the employee and thereby adversely affects the pecuniary interest of It will be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 160 1. Heritage offences. /Recel

Recel

1. A person who has acquired, received a gift or a pledge, concealed or helped to negotiate something that he knew or had to presume that a third party had obtained it by means of an offence against the heritage shall be punished by deprivation of liberty for five years at the More or a pecuniary penalty.

The receller will face the penalty for the previous offence if the penalty is less severe.

If the preliminary offence is continued on a complaint, the recel will only be continued if this complaint has been filed.

2. If the author trades in the recel, the penalty shall be a deprivation of liberty for at least ten years or a penalty of at least 90 days.

Art. 161 1

1 Repealed by c. II 3 of the PMQ of 28. 2012, with effect from 1 Er May 2013 ( RO 2013 1103 ; FF 2011 6329 ).

Art. 161 Bis 1

1 Introduced by Art. 46 of the PMQ of 24 March 1995 on the scholarships (RO 1997 68; FF 1993 I 1269). Repealed by c. II 3 of the PMQ of 28. 2012, with effect from 1 Er May 2013 (RO 2013 1103; FF 2011 6329 ).

Art. 162 2. Breach of the trade secret or trade secret

2. Breach of the trade secret or trade secret

A person who has disclosed a trade secret or trade secret that he or she was required to keep under a legal or contractual obligation,

The person who has used this disclosure for his or her benefit or that of a third party,

Be, on complaint, punishable by a custodial sentence of up to three years or a pecuniary penalty.

S. 163 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Fraud and fraud in seizure

3. Crimes or misdemeanours in the bankruptcy and prosecution of debts.

Fraud and Fraud in Seizure

1. The debtor who, in such a way as to cause damage to its creditors, will have reduced its assets in a fictitious manner, in particular

Distracting or concealing heritage values,

Relying on assumed debts,

Recognising fictitious claims or encouraging third parties to produce them

Shall be, if he has been declared bankrupt or if an act of default of property has been drawn up against him, punishable by deprivation of liberty for not more than five years or a pecuniary penalty.

(2) A third party who, under the same conditions, has engaged in such conduct in such a manner as to cause damage to creditors shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

Art. 164 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Effective reduction of assets to the detriment of creditors

Effective reduction of assets to the detriment of creditors

1. The debtor who, in order to cause injury to its creditors, will have reduced its assets

Damaging, destroying, impairing or using heritage values,

By assigning heritage values free of charge or against a performance of manifestly lower value,

By refusing without valid reason rights which accrue to him or by giving up gratuitously to rights

Shall be, if he has been declared bankrupt or if an act of default of property has been drawn up against him, punishable by deprivation of liberty for not more than five years or a pecuniary penalty.

(2) A third party who, under the same conditions, has engaged in such conduct in such a manner as to cause damage to creditors shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

Article 165 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /False management

False Management

1. The debtor who, in ways other than those referred to in s. 164, by mismanagement, in particular by an insufficient amount of capital, by exaggerated expenditure, by risky speculation, by the granting or use of appropriations, by the bradage of heritage values or by means of a Culpable negligence in the performance of the profession or in the administration of its property,

Have caused or aggravated its over-indebtedness, have caused its own insolvency, or aggravated its situation when it knew that it was insolvent,

Shall be, if he has been declared bankrupt or if an act of default of property has been drawn up against him, punishable by deprivation of liberty for not more than five years or a pecuniary penalty.

(2) The debtor subject to the prosecution by way of seizure shall be penalised only on the complaint of a creditor who has obtained an act of default against him.

The complaint must be filed within three months from the day on which the act of default was issued.

The creditor who has caused the debtor to incur minor debts, inflate undue expense, engage in speculative speculation, or who has exploited it as a usurper will not have the right to file a complaint.

Article 166 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Violation of the obligation to keep accounts

Violation of the obligation to keep accounts

The debtor who has breached the legal obligation to keep his books of accounts on a regular basis, or to take stock, in such a way that it has become impossible to establish his or her situation or establish it completely, will be, if he has been Declared bankrupt or if an act of default of property has been prepared against it as a result of seizure under s. 43 of the Federal Act of April 11, 1889 on the Prosecution of Debts and Bankruptcy (LP) 1 , punishable by a custodial sentence of up to three years or a pecuniary penalty.


Article 167 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Benefits to Certain Creditors

Benefits to Certain Creditors

The debtor who, while he knew insolvent and with the purpose of favouring some of his creditors at the expense of others, will have acted for that purpose, in particular, will have paid off unmatured debts, will have paid an otherwise matured debt In cash or in common values, shall have, in its own means, given security in respect of a debt when it was not obliged to do so, shall be, if it has been declared bankrupt or if an act of default of property against it, is punishable by a private penalty At least three years of freedom or a financial penalty.

Art. 168 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Subornation in enforced execution

Subornation in enforced execution

1 A person who, in order to gain the voice of a creditor or his representative in the meeting of creditors or in the supervisory board or to obtain his consent to a legal concordat or his or her rejection, will have granted or promised benefits Shall be punished by deprivation of liberty for up to three years or a pecuniary penalty.

2 Any person who has granted or promised special benefits to the administrator of the bankruptcy, to a member of the administration, to the Commissioner or to the liquidator in order to influence his or her decisions shall be punished by deprivation of liberty for up to three years Or a financial penalty.

3 Anyone who has been granted or promised such benefits will face the same penalty.

Art. 169 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Misuse of heritage values brought under the control of the courts

Diversion of heritage values brought to the hand of justice

A person who, in such a way as to cause damage to his or her creditors, will have arbitrarily disposed of a heritage value

Entered or sequestered,

Inventoried in a debt or bankruptcy proceeding,

Scope to an inventory finding a right of retention or

Owned by the asset assigned in an asset aborted agreement

Damaged, destroyed, impaired or put out of use

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 170 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /fraudulently obtaining a legal concordat

Fraudulently obtaining a legal concordat

The debtor who, in order to obtain a stay in agreement or the approval of a legal concordat, will, in particular by means of inaccurate accounting or a false balance sheet, mislead his creditors, the Commissioner of the Concordat or competent authority,

The third party who has engaged in such conduct for the benefit of the debtor,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Judicial Concordat

Judicial Concordat

1 Art. 163, c. 1, 164, c. 1, 165, c. 1, 166 and 167 are also applicable when a legal agreement has been accepted and approved.

2 If the debtor or the third party within the meaning of s. 163, c. 2 and 164, c. 2, has made special economic efforts and has thus facilitated the successful conclusion of the legal concordat, the competent authority may waive the criminal prosecution, refer it to the court or impose a sentence.

Art. Bis 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Revocation of bankruptcy

Revocation of bankruptcy

1 When the bankruptcy is revoked (s. 195 LP 1 ), the competent authority may dispense with a criminal prosecution, a referral to the court or a sentence.

2 When a judicial agreement has been entered into, para. 1 is applicable only if the debtor or the third party within the meaning of s. 163, c. 2 and 164, c. 2, has made special economic efforts and has thus facilitated its success.


Art. 1

1 Repealed by c. II 3 of the LF of 13 Dec. 2002, with effect from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. Bis 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Accumulation of a custodial sentence and the fine

Accumulation of a custodial sentence and the fine

Where, in this Title, only a custodial sentence is provided for, the judge may, in all cases, cumulate the penalty with a pecuniary penalty. 1


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. Ter 3. Crimes or misdemeanours in the bankruptcy and prosecution of debts. /Minor violations

Minor violations

1 If the act concerned only a low-value heritage element or lesser damage, the author will, upon complaint, be fined.

2 This provision is not applicable to qualified flight (s. 139, c. 2 and 3), to banditry and extortion and blackmail.

Title 3 Offences against honour and against the secret or private domain 2

Art 173 1 1. Offences against honour. /Defamation

1. Offences against honour.

Defamation

1. A person who, by contacting a third party, has accused a person or cast his or her suspicion of conduct contrary to the honour, or of any other act that is prejudicial to his or her consideration,

The person who has propagated such a charge or suspicion,

Shall, on complaint, be punished with a pecuniary penalty of up to 180 days 2 .

2. The accused shall not be punished if he proves that the allegations which he has articulated or propagated are in accordance with the truth or that he has serious reasons to hold them in good faith for true purposes.

3. The accused shall not be admitted to making such evidence and shall be punishable if his allegations have been articulated or propagated without regard to the public interest or otherwise sufficient grounds, primarily for the purpose of saying the harm of others, in particular When they relate to privacy or family life.

4. If the author acknowledges the falsity of his allegations and the retraction, the judge will be able to mitigate the sentence or to exempt the offender from any sentence.

5. If the accused has failed to prove the truth of his allegations or if they are contrary to the truth or if the accused has retracted them, the judge shall see it in the judgment or in another written act.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).
2 New expression according to c. II 1 al. 13 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 174 1. Offences against honour. /Calumnia

Calomnia

1. 1 A person who, knowing the falsity of his or her allegations, shall have, in the case of a third party, accused a person or cast his or her suspicion of conduct contrary to the honour, or of any other act that is prejudicial to his or her consideration,

The person who propagated such accusations or suspicions, when he knew the inanity,

Be, on complaint, punishable by a custodial sentence of up to three years or a pecuniary penalty.

2. The penalty shall be a deprivation of liberty of up to three years or a penalty of 30 days at least 2 Whether the slander has deliberately sought to ruin the reputation of his victim.

If, before the judge, the offender acknowledges the falsity of his/her allegations and the retraction, the judge will be able to mitigate the sentence. The judge will give notice of this retraction to the offence.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233). See also RO 57 1364.
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 1. Offences against honour. /Defamation and slander against death or absent

Defamation and slander against death or absent

1 If defamation or slander is for a person who has died or is absent, the right to complain belongs to the relatives of the deceased or absent.

2 However, no penalty will be incurred if more than 30 years have elapsed since the death or declaration of absence.

Art. 176 1. Offences against honour. /Common provision

Common provision

Defamation and verbal libel are treated as libel and slander by writing, image, gesture, or any other means.

Art. 177 1. Offences against honour. /Injure

Injure

1 Any person who, in any other way, has, through the words, the writing, the image, the gesture or by way of fact, attacked another person in his honour shall, upon complaint, be punished by a penalty of up to 90 days' fine. 1

2 The judge will be able to exempt the offender from any sentence if the insult has directly caused the abuse by improper conduct.

3 If the accused has responded immediately with an insult or assault, the judge will be able to exempt the two offenders or one of them from punishment.


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 1. Offences against honour. /Prescription

Limitation period

1 For crimes against honour, criminal proceedings are prescribed for four years. 1

2 Art. 31 is applicable with respect to the complaint. 2


1 New content according to the c. I of the PMQ of 22 March 2002 (Issue of criminal proceedings), in force since 1 Er Oct. 2002 ( RO 2002 2986 ; FF 2002 2512 1579).
2 New content according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 179 2. Offences against the secret domain or the private domain. /Violation of private secrets

2. 1 Offences against the secret or private domain.

Violation of private secrets

Those who, without having the right, have opened a sealed cover or parcel for their content,

The person who, having taken note of certain facts by opening a sealed parcel or parcel that was not intended for him, will have disclosed those facts or benefited from it,

Will, on complaint, be fined.


1 New content according to the c. I of the LQ of 20 Dec. 1968, in force since 1 Er May 1969 (RO 1969 327; FF 1968 I 609).

Article 179 Bis 1 2. Offences against the secret domain or the private domain. /Listening and recording conversations between other people

Listening and recording conversations between other people

The person who, without the consent of all the participants, has listened to a listening device or recorded on a bearer of his or her non-public conversation between other persons,

The person who has taken advantage or given knowledge to a third party of a fact that he or she knew or had to presume to have reached his or her own knowledge by means of an offence under para. 1,

The person who has retained or made available to a third party a record that he or she knew or was to presume to have been made by means of an offence under para. 1,

Be, on complaint, punishable by a custodial sentence of up to three years or a pecuniary penalty.


1 Introduced by ch. I of the LQ of 20 Dec. 1968, in force since 1 Er May 1969 (RO 1969 327; FF 1968 I 609).

Article 179 Ter 1 2. Offences against the secret domain or the private domain. /Unauthorized recording of conversations

Unauthorized recording of conversations

He who, without the consent of the other interlocutors, has recorded on a bearer of his or her non-public conversation to which he took part,

The person who has retained a record that he or she knew or was to presume to have been made by means of an offence under para. 1, or have benefited from it, or made it available to a third party,

Be, on complaint, a penalty of deprivation of liberty of up to one year or of a financial penalty. 2


1 Introduced by ch. I of the LQ of 20 Dec. 1968, in force since 1 Er May 1969 (RO 1969 327; FF 1968 I 609).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 179 Cc 1 2. Offences against the secret domain or the private domain. /Violation of the secret or private domain by means of a camera

Violation of the secret or private domain by means of a camera

A person who, without the consent of the person concerned, has observed with a camera or camera a fact which falls within the secret domain of that person or a fact which cannot be perceived by each person and which Falls within the private domain of the

The person who has taken advantage or given knowledge to a third party of a fact that he or she knew or had to presume to have reached his or her own knowledge by means of an offence under para. 1,

The person who has retained a view or made it available to a third party, when he or she knew or had to assume that it had been obtained by means of an offence under para. 1,

Be, on complaint, punishable by a custodial sentence of up to three years or a pecuniary penalty.


1 Introduced by ch. I of the LQ of 20 Dec. 1968, in force since 1 Er May 1969 (RO 1969 327; FF 1968 I 609).

Article 179 D 1 2. Offences against the secret domain or the private domain. /Non-punishable records

Non-Punishable Records

1 Not punishable under s. 179 Bis , para. 1, and 179 Ter , para. 1, the person who, as an interlocutor or as a subscriber 2 Of the line used, will have recorded telephone conversations:

A.
With assistance, relief or security services;
B.
Relating to orders, warrants, reservations or other business transactions of the same nature, in the context of business relationships;

2 Art. 179 Bis , para. 2 and 3, and 179 Ter , para. 2, apply by analogy to the use of recordings.


1 Introduced by ch. I of the LQ of 20 Dec. 1968 (RO 1969 327; FF 1968 I 609). New content according to the c. I of the 3 Oct PMQ. 2003, in force since 1 Er March 2004 (RO 2004 823; FF 2001 2502 5556)
2 Rectified by the Ass CoR. Fed. (art. 33 LREC; 1974 1051).

Article 179 Sexies 1 2. Offences against the secret domain or the private domain. /Circulation and demand for devices for listening, taking sound and taking views

Circulation and demand for devices for listening, taking sound and taking views

1. The person who manufactured, imported, exported, acquired, stockpiled, possessed, transported, surrendered to a third party, sold, leased, loaned or otherwise put into circulation, in particular technical devices used in particular to eavesdropping or unlawful seizure Of his or her views, provided indications for their manufacture or made claims in their favour,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. Where the offender has acted in the interest of a third party, the offender will face the same penalty if he or she knew the offence and did not do everything in his power to prevent it.

Where the third party is a corporation, a partnership or a limited partnership, or an individual corporation, s. 1 applies to natural persons who have acted or should have acted on their behalf.


1 Introduced by ch. I of the LQ of 20 Dec. 1968, in force since 1 Er May 1969 (RO 1969 327; FF 1968 I 609).

Article 179 Septies 1 2. Offences against the secret domain or the private domain. /Misuse of a telecommunications facility

Misuse of a telecommunications facility

Those who, by wickedness or mischievous, have improperly used a telecommunications facility to worry a third party or to annoy them will be fined.


1 Introduced by ch. I of the LQ of 20 Dec. 1968 (RO 1969 327; FF 1968 I 609). New content according to the c. 2 of the Annex to the PMQ of 30 April 1997 on telecommunications, in force since 1 Er Jan 1998 (RO) 1997 2187; FF 1996 III 1361).

Article 179 Octies 1 2. Offences against the secret domain or the private domain. /Official monitoring measures. Exemption from punishment

Official monitoring measures. Exemption from punishment

1 A person who, in the course of a specific assignment under the Act, directs or implements the supervision of a person's postal and telecommunications correspondence or uses technical surveillance equipment (s. 179 Bis (ss) shall not be punishable, provided that the authorization of the competent judge was immediately requested.

2 The conditions for the monitoring of correspondence by post and telecommunications and the procedure are governed by the Federal Act of 6 October 2000 on the supervision of correspondence by post and telecommunications 2 .


1 Introduced by ch. VII of the PMQ of 23 March 1979 on the protection of privacy (RO 1979 1170; FF 1976 I 521 II 1529). New content according to the c. 1 of the annex to the LF of 6 Oct. 2000 on the monitoring of correspondence by post and telecommunications, in force since 1 Er Jan 2002 (RO) 2001 3096; FF 1998 3689 ).
2 RS 780.1

Article 179 Novies 1 2. Offences against the secret domain or the private domain. /Personal Data Subtract

Submitting Personal Data

The person who subtracts from a file sensitive personal data or personality profiles that are not freely accessible will, upon complaint, be punished with a custodial sentence of up to three years or a pecuniary penalty.


1 Introduced by ch. 4 of the Annex to the PMQ of 19 June 1992 on data protection, in force since 1 Er Jul. 1993 (RO 1993 1945; FF 1988 II 421).

Title 4 Crimes or offences against freedom

Art. 180 Threats

Threats

1 A person who, by a serious threat, alarmed or frightened a person, shall, upon complaint, be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

2 The prosecution shall take place ex officio:

A.
If the perpetrator is the victim's spouse and the threat was committed during the marriage or in the year following the divorce;
A Bis . 1 If the perpetrator is the victim's partner and the threat was committed during the registered partnership or in the year following its judicial dissolution;
B.
If the perpetrator is the heterosexual or homosexual partner of the victim as long as they have a common household for an indefinite period and the threat has been committed during that period or in the year following the separation. 2

1 Introduced by c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).
2 Introduced by ch. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).

Art. Constraint

Constraint

A person who, by using violence against a person or by threatening him with serious harm, or otherwise obstructing him or her in his or her freedom of action, will have to do so, not to do or to allow an act to be punished will be punished Freedom of up to three years or a pecuniary penalty.

Art. A 1 Forced marriage, forced partnership

Forced marriage, forced partnership

1 A person who, by means of violence against a person or by threatening serious harm or otherwise obstructing him or her in his or her freedom of action, obliges him to enter into a marriage or a registered partnership shall be punishable by deprivation of liberty. Freedom of up to five years or a financial penalty.

2 Anyone who is in Switzerland and is not extradited and commits the offence abroad is punishable. Art. 7, para. 4 and 5, applicable.


1 Introduced by ch. I 6 of the LF of 15 June 2012 on measures to combat forced marriages, in force since 1 Er Jul. 2013 ( RO 2013 1035 ; FF 2011 2045 ).

Art. 1 Trafficking in human beings

Trafficking in human beings

1 A person who, as an offeror, intermediary or acquirer, deals with a human being for the purpose of sexual exploitation, exploitation of his or her work, or for the purpose of collecting an organ, shall be punished by deprivation of liberty or A financial penalty. The recruitment of a person for these purposes is treated as trafficking.

2 If the victim is a minor or the perpetrator trades in human trafficking, the penalty shall be deprivation of liberty for at least one year.

3 In all cases, the author is also punished by a pecuniary penalty.

4 The person who commits the offence abroad is also punishable. Art. 5 and 6 apply.


1 New content according to Art. 2 hp. 1 of the FA of 24 March 2006 (Optional Prot. Of 25 May 2000 relating to the Rights of the Child on the sale of children, child prostitution and child pornography), in force since 1 Er Dec. 2006 ( RO 2006 5437 ; FF 2005 2639 ).

Art. 183 1 Sequestration and abduction

Sequestration and abduction

1. Those who, without the right, have arrested a person, have retained it prisoner, or will have, in any other way, deprived of their liberty,

The person who, by using violence, ruse or threat, has abducted a person,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

2. Encourage the same punishment for the removal of a person who is incapable of discernment or resistance or under the age of sixteen.


1 New content according to the c. I of the LF of 9 Oct. 1981, effective from 1 Er Oct. 1982 (RO 1982 1530; FF 1980 I 1216).

Art. 184 1 Aggravating circumstances

Aggravating circumstances

Sequestration and abduction shall be punishable by a custodial sentence of at least one year,

Whether the author sought ransom,

If he treated the victim with cruelty,

If the deprivation of liberty lasted more than ten days

Or if the health of the victim has been seriously endangered.


1 New content according to the c. I of the LF of 9 Oct. 1981, effective from 1 Er Oct. 1982 (RO 1982 1530; FF 1980 I 1216).

Art. 185 1 Hostage taking

Hostage taking

1. The person who has kidnapped, kidnapped a person or in any other way will have done so, in order to compel a third party to do so, not to do or to allow an act to be done,

The person who, for the same purpose, has taken advantage of a hostage-taking by others,

Be punished with a custodial sentence of at least one year.

2. The penalty shall be the deprivation of liberty for at least three years, if the perpetrator has threatened to kill the victim, cause serious bodily harm or treat him with cruelty.

3. In particularly serious cases, in particular where the act has been directed against a large number of persons, the judge will be able to impose a custodial sentence on life.

4. 2 When the perpetrator has renounced the constraint and released the victim, the sentence may be reduced (art. 48 A ).

5. The person who has committed the offence abroad is also punishable if he or she is arrested in Switzerland and is not extradited. Art. 7, para. 4 and 5, applicable. 3


1 New content according to the c. I of the LF of 9 Oct. 1981, effective from 1 Er Oct. 1982 (RO 1982 1530; FF 1980 I 1216).
2 New content according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 New wording of the sentence as per c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 186 Home Violation

Home Violation

The person who, in an unlawful manner and against the will of the person entitled to it, has entered a house, in a dwelling, in a closed room that is part of a house, in a place, yard or garden closed and adjoining a house, or in a work site, Or will have remained in contempt of the injunction to be issued to him by a person entitled will be, on complaint, punished with a custodial sentence of up to three years or of a pecuniary penalty.

Heading 5 3 Offences against sexual integrity

Art. 187 1. Endangers the development of minors. /Sexual acts with children

1. Endangers the development of minors.

Sexual acts with children

1. The person who has committed a sexual act on a child under 16 years of age,

The person who has trained a child of that age to commit a sexual act,

The person who has mixed a child of that age into a sexual act,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

2. The act shall not be punishable if the difference in age between the participants does not exceed three years.

3. 1 If, at the time of the act or the first act committed, the author was less than 20 years of age and in the case of special circumstances or if the victim has entered into a marriage or entered into a registered partnership with the author, the competent authority may renounce the Prosecute, refer the case back to the court or impose a sentence.

4. The penalty shall be a deprivation of liberty of up to three years or a pecuniary penalty if the perpetrator erred in admitting that his victim was at least 16 years of age, while using the necessary precautions he could have avoided the error.

5. ... 2

6. ... 3


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
2 Repealed by c. I of the PMQ of 21 March 1997, with effect from 1 Er Seven. 1997 (RO 1997 1626; FF 1996 IV 1315 1320)
3 Introduced by ch. I of the PMQ March 21, 1997 (RO 1997 1626; FF 1996 1315 1320). Repealed by c. I of the 5 Oct PMQ. 2001 (Provision of criminal action in general and in the event of an offence against the sexual integrity of children), with effect from 1 Er Oct. 2002 (RO 2002 2993; FF 2000 2769 ).

Art. 188 1. Endangers the development of minors. /Sexual acts with dependent persons

Sexual acts with dependent persons

1. Those who, taking advantage of reports of education, trust or work, or non-arm's length relationships, have committed a sexual act on a minor over the age of 16 years

The person who, at arm's length, has trained such a person to commit an act of a sexual nature,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. 1 If the victim has entered into a marriage or entered into a registered partnership with the author, the competent authority may waive the prosecution, return it to the court or impose a penalty.


1 New content according to the c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).

S. 189 2. Violation of sexual freedom and honour. /Sexual constraint

2. Violation of sexual freedom and honour.

Sexual constraint

1 A person who, in particular by means of threat or violence against a person, by exerting psychological pressure on the person or by putting it out of the state of resisting the person to be subjected to an act analogous to sexual act or another act of order Shall be punished by deprivation of liberty for at least ten years or of a pecuniary penalty.

2 ... 1

3 If the perpetrator acted cruelly, including the use of a dangerous weapon or other dangerous object, the penalty shall be the deprivation of liberty for at least three years. 2


1 Repealed by c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), with effect from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).
2 New content according to the c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).

Art. 190 2. Violation of sexual freedom and honour. /Rape

Rape

1 A person who, in particular by using a threat or violence, exerting psychological pressure on his victim or putting him out of a state of resisting, will have forced a female person to undergo the sexual act, shall be punished with a punishment Deprivation of liberty for one to ten years.

2 ... 1

3 If the perpetrator acted cruelly, including the use of a dangerous weapon or other dangerous object, the penalty shall be the deprivation of liberty for at least three years. 2


1 Repealed by c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), with effect from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).
2 New content according to the c. I of the 3 Oct PMQ. 2003 (Prosecution of offences between spouses or partners), effective from 1 Er April 2004 ( RO 2004 1403 ; FF 2003 1750 1779).

Art. 191 2. Violation of sexual freedom and honour. /Sexual acts committed on a person incapable of discernment or resistance

Sexual acts committed on a person incapable of discernment or resistance

A person who, knowing that a person is incapable of discernment or resistance, has taken the opportunity to commit the sexual act, a similar act or another act of a sexual nature, shall be punished by deprivation of liberty for ten years or more, or A financial penalty.

Art. 192 2. Violation of sexual freedom and honour. /Acts of a sexual nature with persons hospitalized, detained or prevented

Sexual acts with persons hospitalized, detained or prevented

1 A person who, taking advantage of a dependency ratio, will have determined a person hospitalized, interned, detained, arrested or prevented from committing or undergoing a sexual act, shall be punished by deprivation of liberty for three years or more Monetary penalty.

2 If the victim has entered into a marriage or entered into a registered partnership with the author, the competent authority may waive the prosecution, return it to the court or impose a penalty. 1


1 New content according to the c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).

Art. 193 2. Violation of sexual freedom and honour. /Abuse of distress

Abuse of Distress

1 The person who, taking advantage of the distress of the victim or of a non-arm's length relationship based on work or non-arm's length relationships of any other nature, will have determined the person to commit or be subjected to a sexual act shall be punished A custodial sentence of up to three years or a financial penalty.

2 If the victim has entered into a marriage or entered into a registered partnership with the author, the competent authority may waive the prosecution, return it to the court or impose a penalty. 1


1 New content according to the c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).

Art. 194 2. Violation of sexual freedom and honour. /Exhibitionism

Exhibitionism

1 The person who has paraded will, on complaint, be punished with a pecuniary penalty of 180 days or more.

2 If the author submits to a medical treatment, the procedure may be suspended. It will be resumed if it subtracts from processing.

Art. 195 1 Exploitation of sexual activity. /Encouraging prostitution

Exploitation of sexual activity.

Encouraging prostitution

A person shall be punished with a custodial sentence of up to ten years or of a pecuniary penalty if:

A.
Pushes a minor into prostitution or promotes prostitution in order to gain a heritage benefit;
B.
Causes others to prostitute themselves by taking advantage of a dependency ratio or in order to gain a heritage advantage;
C.
Interferes with the freedom of action of a person who is prostituting himself or her in his or her activities, or by imposing the place, time, frequency or other conditions;
D.
Maintains a person in prostitution.

1 New content according to the c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).

Art. 196 1 Exploitation of sexual activity. /Sexual acts with minors for remuneration

Sexual acts with minors for remuneration

Any person who, against remuneration or a promise of remuneration, commits an act of sexual order with a minor or causes him to commit such an act shall be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.


1 New content according to the c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).

Art. 197 1 4. Pornography

4. Pornography

1 Any person who offers, shows, makes accessible to a person under 16 years of age or makes available to him or her writings, sound or visual recordings, images or other pornographic objects or pornographic representations, or broadcasts them on radio Or on television, shall be punished with a custodial sentence of up to three years or of a pecuniary penalty.

2 Anyone who exposs or shows in public objects or representations referred to in para. 1, or an offer to a person without being invited to do so, shall be punishable by the fine. Anyone who, at exhibitions or performances in closed premises, draws the attention of viewers in advance to the pornographic nature of the latter is not punishable.

3 A person who recruits a minor to participate in or participates in a pornographic representation shall be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.

4 Every person who manufactures, imports, takes in deposit, puts into circulation, promotes, exhibits, offers, shows, makes available, makes available, acquires, obtains by electronic means or otherwise, or possesses objects or representations referred to in para. 1, having the content of acts of a sexual nature with animals, acts of violence between adults or non-effective sexual acts with minors, is punishable by deprivation of liberty for up to three years or a pecuniary penalty. If the objects or representations contain effective sexual acts with minors, the penalty shall be a deprivation of liberty of five years or more or a pecuniary penalty.

5 Any person who consumes or, for his or her own consumption, manufactures, imports, acquires, acquires, obtains by electronic means or otherwise, or possesses objects or representations referred to in para. 1, having as its content sexual acts with animals, acts of violence between adults or non-effective sexual acts with minors, is punishable by a deprivation of liberty of up to one year or of a pecuniary penalty. If the objects or representations contain effective sexual acts with minors, the penalty shall be a custodial sentence of up to three years or a pecuniary penalty.

6 In the case of an offence within the meaning of paras. 4 and 5, the objects are confiscated.

7 If the author acts on a discretionary basis, the judge shall impose a pecuniary penalty in addition to the deprivation of liberty.

8 A minor who is 16 years of age or older who produces, owns or consumes, with the consent of another minor 16 years of age or over, objects or representations within the meaning of para. 1 that involve them.

9 The objects and representations referred to in paras. 1 to 5 which present a worthy cultural or scientific value are not pornographic in nature.


1 New content according to the c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).

Art. 5. Contraventions against sexual integrity. /Inconveniences caused by the confrontation of a sexual act

5. Contraventions against sexual integrity.

Inconveniences caused by the confrontation of a sexual act

The person who caused the scandal by engaging in a sexual act in the presence of a person who has been unexpectedly confronted with it,

The person who has untouched a person by sexual touching or by gross words,

Will, on complaint, be fined.

Art. 5. Contraventions against sexual integrity. /Illegal exercise of prostitution

Illegal exercise of prostitution

Anyone who contravenes the cantonal provisions regulating the premises, hours and modes of the exercise of prostitution and those designed to combat undesirable secondary manifestations will be punished with a fine.

Art. 200 6. Joint Commission

6. Joint Commission

Where an offence provided for in this Title has been committed by more than one person, the judge may increase the length of the sentence, but not more than half in addition to the maximum penalty for that offence. It will also be bound by the legal maximum of the kind of punishment.

Art. 201 To 212 1

1 These disp. Repealed (with the exception of s. 211) are replaced by art. 195, 196, 197, 198, 199 (cf. Comments to c. 23 of message; FF 1985 II 1021). Art. 211 is skewed without replacement.

Title 6 Crimes against the family

Art. 1 Inceste

Inceste

1 The sexual act between ascendants and descendants, or between brothers and sisters gerhands, inbred or uterine, shall be punishable by a custodial sentence of up to three years or of a pecuniary penalty.

2 Minors will not face any penalty if they have been seduced.

3 ... 2


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 Repealed by c. I of the 5 Oct PMQ. 2001 (Provision of criminal action in general and in the event of an offence against the sexual integrity of children), with effect from 1 Er Oct. 2002 ( RO 2002 2993 ; FF 2000 2769 ).

Art. 214 1

1 Repealed by c. I of the PMQ of 23 June 1989, with effect from 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

Art. 215 1 Plurality of marriages or partnerships registered

Plurality of marriages or partnerships registered

Anyone who is already married or linked by a registered partnership will have entered into a marriage or entered into a registered partnership,

The person who has entered into a marriage or entered into a registered partnership with a person who is already married or bound by a registered partnership,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.


1 New content according to the c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).

Art. 1

1 Repealed by c. I of the PMQ of 23 June 1989, with effect from 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

Art. 1 Violation of maintenance obligation

Violation of maintenance obligation

1 A person who has not provided food or subsidies under family law, regardless of whether he or she has the means or must have the means, shall, upon complaint, be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

2 The right to complain also belongs to the authorities and services designated by the cantons. It will be exercised in the interests of the family.


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

Art. 1

1 Repealed by c. I of the PMQ of 23 June 1989, with effect from 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).

S. 219 1 Violation of the duty of assistance or education

Violation of the duty of assistance or education

1 A person who has violated his duty to attend or to elevate a minor whose physical or mental development has been endangered, or who has failed to do so, shall be punished by deprivation of liberty for three years or more Monetary penalty.

2 If the offender has been negligent, the penalty may be a fine in lieu of a custodial sentence or a financial penalty. 2


1 New content according to the c. I of the PMQ of 23 June 1989, in force since 1 Er Jan 1990 (RO) 1989 2449; FF 1985 II 1021).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 220 1 Abduction of minor

Abduction of minor

A person who has withdrawn or refused to surrender a minor to the holder of the right to determine the place of residence shall, upon complaint, be punished by deprivation of liberty for not more than three years or a pecuniary penalty.


1 New content according to the c. 4 of the annex to the LF of 21 June 2013 (parental authority), in force since 1 Er Jul. 2014 ( RO 2014 357 ; FF 2011 8315 ).

Title 7 Crimes or offences creating a collective danger

Art. 221 Intentional Fire

Intentional Fire

1 The person who, intentionally, caused a fire and thereby harmed others or created a collective danger, shall be punished by deprivation of liberty for at least one year.

2 The sentence will be a custodial sentence of at least three years if the offender has knowingly endangered the life or bodily integrity of the person.

3 The judge may impose a custodial sentence of up to three years or a pecuniary penalty if the damage is of little importance.

Art. 222 Neglect by Neglect

Neglect by Neglect

1 A person who, through negligence, has caused a fire and thereby harmed others or creates a collective danger, shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

2 The sentence will be a custodial sentence of up to three years or a pecuniary penalty if, by negligence, the offender has endangered the life or bodily integrity of the person.

Art. Explosion

Explosion

1. The person who, intentionally, has caused an explosion of gas, benzine, petroleum or similar substances and will have knowingly endangered the life or bodily integrity of the persons or the property of others shall be punished with a penalty Deprivation of liberty for at least one year.

The judge may impose a custodial sentence of up to three years or a pecuniary penalty if the damage is of little importance.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Art. Use of explosives or toxic gases with criminal intent

Use of explosives or toxic gases with criminal intent

1 The person who, intentionally and in a criminal design, has, by means of explosives or toxic gas, exposed to a danger the life or bodily integrity of the persons, or the property of others, shall be punished by deprivation of liberty for a period of one year Less.

2 The judge will be able to impose a custodial sentence of up to three years or a financial penalty if the offender has exposed only the property to a minor hazard.

Art. 225 Employment without criminal design or negligence

Employment without criminal design or negligence

1 Those who, intentionally but without criminal intent, are negligent, will have, by means of explosives or toxic gases, exposed to a danger the life or bodily integrity of the persons or the property of others will be punished with a penalty Freedom of up to five years or a pecuniary penalty.

2 In cases of minor gravity, the judge will be able to impose the fine.

Art. 226 Manufacture, conceal and transport toxic explosives or gases

Manufacture, conceal and transport toxic explosives or gases

1 Anyone who has made explosives or toxic gases, knowing or presuming that they are destined for a criminal act, shall be punished with a deprivation of liberty for at least ten years or a penalty of 180 days at least.

2 The person who procured either explosives or toxic gases or substances that are specific to their manufacture or that have been transmitted to others, received from another person, kept, concealed or transported, knowing or presuming that they were For a criminal offence, shall be punished with a deprivation of liberty for at least five years or a penalty of 30 days at least 1 .

3 A person who, knowing or presuming to assume that a person intends to engage in a criminal offence of explosives or toxic gas, will have provided him with information to manufacture them will be punished by deprivation of liberty for five years or more Penalty of 30 days at least.


1 New expression according to c. II 1 al. 14 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 226 Bis 1 Danger due to nuclear energy, radioactivity and ionizing radiation

Danger due to nuclear energy, radioactivity and ionizing radiation

1 Any person who intentionally endangers the life or health of persons or property of considerable value belonging to third parties using nuclear energy, radioactive material or ionizing radiation shall be punished by a Custodial sentence or a financial penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.

2 If the author acts by negligence, he shall be punished by deprivation of liberty for not more than five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.


1 Introduced by ch. II 2 of the annex to the LF of 21 March 2003 on nuclear energy, in force since 1 Er Feb 2005 ( RO 2004 4719 ; FF 2001 2529 ).

Art. 226 Ter 1 Punishable preparatory acts

Punishable preparatory acts

1 Any person who has systematically prepared, on a technical or organisational basis, acts endanging the life or health of persons or property belonging to third parties of considerable value by using nuclear energy, Radiation or ionizing radiation shall be punished by deprivation of liberty for not more than five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.

2 Any person who has produced radioactive substances, has constructed facilities or made apparatus or objects which contain or may emit ionizing radiation, shall have given it to a third party, received from a third party, Kept, concealed or transported, when he knew or had to presume that they were destined for a criminal act, shall be punished with a deprivation of liberty of ten years or of a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.

3 Any person who has provided a third party with indications for the production of such substances or for the manufacture of such facilities, apparatus or articles, when he knew or had to presume that they were destined for a criminal act, shall be punished with a penalty Freedom of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.


1 Introduced by ch. II 2 of the annex to the LF of 21 March 2003 on nuclear energy, in force since 1 Er Feb 2005 ( RO 2004 4719 ; FF 2001 2529 ).

Art. 227 Flooding. Working

Flooding. Working

1. The person who, intentionally, has caused a flood, the collapse of a construction or a landslide and will have knowingly endangered the life or bodily integrity of the persons or the property of others shall be punished by deprivation of liberty At least one year of freedom.

The judge may impose a custodial sentence of up to three years or a pecuniary penalty if the damage is of little importance.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Art. 228 Damage to electrical installations, hydraulic works and protective works

Damage to electrical installations, hydraulic works and protective works

1. Those who, intentionally, have destroyed or damaged electrical installations, hydraulic works, such as jetties, dams, dykes or locks, works of protection against natural forces, for example against Landslides or avalanches, and will knowingly endanger the life or bodily integrity of persons or the property of others shall be punished with deprivation of liberty for at least one year.

The judge may impose a custodial sentence of up to three years or a pecuniary penalty if the damage is of little importance.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Art. 229 Breach of the rules of the art of construction

Breach of the rules of the art of construction

1 The person who, intentionally, infrings the rules of the art by directing or carrying out a construction or demolition and knowingly endangerating the life or the bodily integrity of the persons shall be punished by deprivation of liberty. Freedom of up to three years or a financial penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.

2 The penalty will be a custodial sentence of up to three years or a financial penalty if the non-compliance with the rules of the art is due to negligence.

Art. Remove or omit to install protective devices

Remove or omit to install protective devices

1. The person who, intentionally, has damaged, destroyed, deleted, rendered unusable or put out of use a device intended to prevent accidents in a factory or other operation, or machinery accidents,

The person who, contrary to the applicable requirements, intentionally omitted to install such a device,

And will, by such means, knowingly endanger the life or the bodily integrity of persons,

Be punished with a custodial sentence of up to three years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Title 8 Crimes or offences against public health

Art. Bis 1 Endangered by genetically modified organisms or pathogens

Endangered by genetically modified organisms or pathogens

1 The person who intentionally releases genetically modified or pathogenic organisms into the environment will have disturbed the operation of a facility intended for research on these organisms, their preservation or production, Or will have hindered their transport, will be punished with a custodial sentence of one to ten years, if he knew or should know that by his actions:

A.
Endangered the lives and the bodily integrity of individuals or
B.
Seriously endanging the natural composition of the animal and plant populations or their habitat.

2 The penalty will be a custodial sentence of up to three years or a financial penalty if the author has acted negligently.


1 Introduced by ch. 1 of the annex to the LF of 21 March 2003 on genetic engineering, in force since 1 Er Jan 2004 ( RO 2003 4803 ; FF 2000 2283 ).

Art. 231 1 Propagation of a human disease

Propagation of a human disease

Those who, by character, have spread a dangerous and transmissible human disease will be punished with a custodial sentence of at least one year and not more than five years.


1 New content according to Art. 86 ch. 1 of the PMQ of 28. 2012 on epidemics, in force since 1 Er Jan 2016 ( RO 2015 1435 ; FF 2011 291 ).

Art. 232 Propagation of an outbreak

Propagation of an outbreak

1. The person who, intentionally, has spread an outbreak among domestic animals will be punished with a custodial sentence of up to three years or a pecuniary penalty.

The penalty will be a custodial sentence of one to five years if, by character, the offender has caused considerable harm.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Art. Propagation of a dangerous parasite

Propagation of a dangerous parasite

1. The person who, intentionally, has propagated a parasite or dangerous germ for the agricultural or forestry culture shall be punished with a custodial sentence of up to three years or of a pecuniary penalty.

The penalty will be a custodial sentence of one to five years if, by character, the offender has caused considerable harm.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Art. Drinking Water Contamination

Drinking Water Contamination

1 The person who, intentionally, will have contaminated drinking water for domestic animals or animals, will be punished with a custodial sentence of up to five years or a financial penalty of 30 At least fine-days.

2 The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Art. 235 Alteration of forages

Alteration of forages

1. The person who, intentionally, has dealt with natural fodder, or manufactured or processed artificial fodder for the use of domestic animals in such a way that such fodder puts at risk the health of such animals shall be punished with a penalty Freedom of up to three years or a pecuniary penalty.

The penalty will be a custodial sentence of up to three years or a penalty of 30 days at least if the offender trades such manipulations or fabrications. In the case of deprivation of liberty, a pecuniary penalty is also imposed. 1 The sentence will be published.

2. The penalty will be fine if the offender has acted negligently.

3. The products will be confiscated. They may be rendered harmless or destroyed.


1 New content of sentences according to c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 236 Implemented Impaired Forages

Implemented Impaired Forages

1 Those who, intentionally, have imported or taken into deposit, or put on sale or in circulation, natural or artificial fodder to endanger the health of animals, shall be punished by deprivation of liberty for three years or more Monetary penalty. The sentence will be published.

2 The penalty will be fine if the offender has acted negligently.

3 The products will be confiscated. They may be rendered harmless or destroyed.

Title 9 Crimes or offences against public communications

Art. 237 Entraven public traffic

Entraven public traffic

1. The person who, intentionally, prevented, disturbed or endangered the public traffic, including traffic on the public roads, by water or in the air, and thereby knowingly endangered the life or bodily integrity of the Persons will be punished by deprivation of liberty for up to three years or a pecuniary penalty.

The judge may impose a custodial sentence of one to ten years if the offender has knowingly endangered the life or bodily integrity of a large number of persons.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Article 238 Entrave to the service of the railways

Entrave to the service of the railways

1 The person who, intentionally, prevented, disturbed or endangered the service of the railway and thereby knowingly endangered the life or bodily integrity of the persons or the property of others, in particular the person who gave rise to the Danger of derailment or collision shall be punishable by deprivation of liberty or penalty 1 .

2 The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently and thereby seriously endangers the life or bodily integrity of persons or the property of others.


1 New expression according to c. II 1 al. 15 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Article 239 Entrave to services of general interest

Entrave to services of general interest

1. The person who, intentionally, has prevented, troubled or endangered the operation of a public transport or communications undertaking, in particular that of the railways, posts, telegraph or telephone,

The person who, intentionally, prevented, disturbed or endangered the operation of an establishment or facility for the distribution to the public of water, light, energy or heat,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

Title 10 Counterfeit currency, falsification of official value stamps, official marks, weights and measures

Art. 240 Counterfeit Manufacturing

Counterfeit Manufacturing

1 Those who, in order to put them into circulation as authentic, will have forged currencies, paper money or bank notes will be punished with a custodial sentence of at least one year.

2 In cases of very little gravity, the penalty will be a custodial sentence of up to three years or a financial penalty.

3 The offender is also punishable when he has committed the crime abroad, if he is arrested in Switzerland and is not extradited abroad, and if the act is suppressed in the State in which he was committed.

S. 241 Falsification of the currency

Falsification of the currency

1 A person who, in order to put them into circulation for a higher value, shall have falsified currencies, money or banknotes shall be punished by deprivation of liberty for not more than five years or of a pecuniary penalty of 180 At least fine-days. 1

2 In cases of very little gravity, the penalty will be a custodial sentence of up to three years or a financial penalty.


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

S. 242 Circulation of counterfeit currency

Circulation of counterfeit currency

1 Those who have put in circulation as genuine or intact currencies, paper money or forged or falsified banknotes will be punished by deprivation of liberty for up to three years or a financial penalty 1 .

2 The penalty will be a custodial sentence of up to three years or a financial penalty if the offender, his or her principal or representative received the currency or bank notes as genuine or intact.


1 New expression according to c. II 1 al. 2 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 1 Imitation of banknotes, coins or official stamps of value without purpose of false

Imitation of banknotes, coins or official stamps of value without purpose of false

1 A person who, without purpose to commit a forgery, has reproduced or imitated banknotes in such a way that such reproductions or imitations create, for persons or apparatus, a likelihood of confusion with the genuine banknotes, in particular If all, a face or most of one of the sides of a banknote is reproduced or imitated on a material and in a format identical or similar to those of the original,

The person who, without purpose of making a false statement, will have manufactured objects whose minting, weight or dimensions are similar to those of legal tender coins or which possess the nominal or other characteristics of a Official strike, in such a way that these objects create, for persons or apparatus, a likelihood of confusion with the legal tender coins,

The person who, without purpose of making a false statement, has reproduced or imitated official stamps of value in such a way that such reproductions or imitations create a likelihood of confusion with the authentic stamps,

The person who has imported such objects or has put them on sale or in circulation,

Be punished with a custodial sentence of up to three years or a pecuniary penalty. 2

2 If the author has acted negligently, he shall be punished by the fine. 3


1 New content according to the c. 3 of the annex to the LF of 22 Dec. 1999 on the monetary unit and the means of payment, in force since 1 Er May 2000 ( RO 2000 1144 ; FF 1999 6536 ).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 244 Import, acquisition and deposit of counterfeit currency

Import, acquisition and deposit of counterfeit currency

1 Any person who has imported, acquired or deposited coins, coins or counterfeit or falsified banknotes, with the intention of putting them into circulation as authentic or as intact, shall be punishable by deprivation of liberty. Freedom of up to three years or a financial penalty. 1

2 The penalty will be a custodial sentence of one to five years if the offender has imported, acquired or made large quantities of the offender.


1 New content according to the c. 3 of the annex to the LF of 22 Dec. 1999 on the monetary unit and the means of payment, in force since 1 Er May 2000 ( RO 2000 1144 ; FF 1999 6536 ).

Art. Falsification of Official Value Stamps

Falsification of Official Value Stamps

1. The person who, for the purpose of employing them as authentic or intact, will have forged or falsified official value stamps, such as postage stamps, stamps or stamps,

The one who has given official stamp stamps the appearance of stamps still valid, to use them as such,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

The offender is also punishable when he committed the offence abroad, if he is arrested in Switzerland and is not extradited abroad, and if the act is suppressed in the State in which he was committed.

2. The person who has employed as genuine, intact or still valid official stamps of false, falsified or obliterated value shall be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.

Art. Falsification of Official Marks

Falsification of Official Marks

Those who, for the purpose of using them as authentic or intact, will have forged or falsified the official marks which the authority puts on an object to see the result of an examination or the granting of an authorisation, for example The stamp of the hallmark of the control of the books of gold and silver, the marks of the meat inspectors or of the customs administration,

The person who has employed as genuine or intact such counterfeit or falsified marks,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 247 Apparatus for forgery and illegal use of apparatus

Apparatus for forgery and illegal use of apparatus

A person who, for the purpose of illicit use, has manufactured or acquired apparatus for the counterfeiting or forgery of currencies, paper money, bank notes or official stamps of value,

The person who has made illicit use of the equipment used in the manufacture of currencies, paper money, banknotes or official stamps of value,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 248 Weights and Measures Falsification

Weights and Measures Falsification

Whoever, for the purpose of deceiving others in business relations,

Have placed on weights, measures, scales or other measuring instruments a false punch, or have falsified a punch mark,

Have modified weights, measures, scales or other punched measuring instruments,

Or have made use of weights, measures, scales or other false or falsified measuring instruments,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

Art. 249 1 Confiscation

Confiscation

1 Coins, paper money, banknotes, official value stamps, official marks, measures, weights, scales and other false or falsified measuring instruments, as well as equipment used for forgery, Will be forfeited and rendered unusable or destroyed.

2 Bank notes, coins and official stamps of value which have been reproduced, imitated or manufactured without purpose to commit a false statement, but which create a likelihood of confusion, will also be confiscated and rendered unusable, or Destroyed.


1 New content according to the c. 3 of the annex to the LF of 22 Dec. 1999 on the monetary unit and the means of payment, in force since 1 Er May 2000 ( RO 2000 1144 ; FF 1999 6536 ).

Art. 250 Foreign Currencies and Stamps

Foreign Currencies and Stamps

The provisions of this Title shall also apply to currencies, paper money, banknotes and stamps of foreign value.

Title 11 False in Titles

Article 251 1 False in Titles

False in Titles

1. A person who, for the purpose of infringing the pecuniary interest or the rights of others, or obtaining or procuring an unlawful advantage to a third party,

Have created a false title, falsified a title, abused the signature or mark with the actual hand of others in order to manufacture a purported title, or found or falsely indicate, in a title, a fact of legal scope,

Or will have, in order to deceive others, use such a title,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

2. In cases of very minor gravity, the judge may impose a custodial sentence of up to three years or a pecuniary penalty.


1 New content according to the c. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).

Art. 252 1 False in certificates

False in certificates

Whoever, with a view to improving his or her situation or that of others,

Have forged or falsified credentials, certificates or certificates,

Have used, to deceive others, a writing of this nature,

Or have abused, to deceive others, a writing of this nature, true but not intended for him,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.


1 New content according to the c. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).

Article 253 Fraudulently obtaining a false finding

Fraudulently obtaining a false finding

The person who, by inducing an official or a public officer in error, has led him to falsely declare in an authentic title a fact having a legal scope, in particular to certify the authenticity of a signature or the accuracy A copy,

The person who has made use of a title so obtained in order to deceive others on the facts of the case,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

Art. 254 Deleting titles

Deleting titles

1 A person who, for the purpose of impairing the pecuniary interest or the rights of another person, or acquiring or procuring an unlawful advantage to a third party, shall have damaged, destroyed, destroyed or removed a title from which he was not alone The right to dispose shall be punishable by deprivation of liberty for up to five years or a pecuniary penalty.

2 The removal of titles committed to the detriment of relatives or pets will be continued only on complaint.

Art. 255 Foreign titles

Foreign titles

The provisions of Art. 251 to 254 are also applicable to foreign securities.

Art. 256 Move Ranges

Move Ranges

A person who, for the purpose of infringing the pecuniary interest or the rights of others, or obtaining or procuring an unlawful advantage to a third party, shall have deleted, moved, made unrecognisable, falsified or placed at false one or any other Shall be punished with a custodial sentence of up to three years or of a pecuniary penalty.

Art. 257 Displacement of trigonometric or limnimetric signals

Displacement of trigonometric or limnimetric signals

A person who has deleted, moved, surrendered or misplaced a trigonometric or limnimetric public signal shall be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.

Title 12 Crimes or offences against public peace

Article 258 1 Alarming threats to the population

Alarming threats to the population

Anyone who has thrown the alarm into the population by the threat or false announcement of a danger to life, health or property will be punished with a custodial sentence of up to three years or a financial penalty.


1 New content according to the c. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).

Art. 259 1 Public Provocation to Crime or Violence

Public Provocation to Crime or Violence

1 Anyone who has publicly provoked a crime will be punished with a custodial sentence of up to three years or a financial penalty.

1bis Public provocation of genocide (art. 264) is punishable even when it takes place abroad if all or part of the genocide were to be committed in Switzerland. 2

2 Anyone who has publicly provoked an offence involving violence against others or against property will be punished by deprivation of liberty for up to three years or a pecuniary penalty.


1 New content according to the c. I of the LF of 9 Oct. 1981, effective from 1 Er Oct. 1982 (RO 1982 1530; FF 1980 I 1216).
2 Introduced by ch. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).

Art. 260 Riot

Riot

1 Anyone who has taken part in a public gathering and in which violence has been committed collectively against persons or property will be punished by deprivation of liberty for up to three years or a pecuniary penalty.

2 He shall not face any penalty if he has withdrawn himself on the summons of the authority without committing any violence or causing it to be committed.

Art 260 Bis 1 Criminal preparatory acts

Criminal preparatory acts

1 It shall be punishable by deprivation of liberty for up to five years or a pecuniary penalty for any person who, in accordance with a plan, takes practical technical or organisational measures, the nature and extent of which shall indicate that it is to be Proceed to the execution of one of the following acts:

A.
Murder (s. 111);
B.
Assassination (art. 112);
C.
Serious bodily harm (s. 122);
C Bis . 2
Female genital mutilation (art. 124);
D.
Banditry (art. 140);
E.
Kidnapping and abduction (art. 183);
F.
Hostage-taking (art. 185);
G.
Intentional fire (art. 221);
H.
Genocide (art. 264);
I.
Crimes against humanity (art. 264 A );
J.
War crimes (art. 264 C To 264 (h). 3

2 The one who, from his own movement, will have given up his preparatory work until the end, will be exempted from punishment.

3 The person who commits preparatory acts abroad is also punishable when the offences are committed in Switzerland. Art. 3, para. 2, is applicable. 4


1 Introduced by ch. I of the LF of 9 Oct. 1981, effective from 1 Er Oct. 1982 (RO 1982 1530; FF 1980 I 1216).
2 Introduced by c. I of the PMQ of Sept. 30. 2011, effective from 1 Er Jul. 2012 ( RO 2012 2575 ; FF 2010 5125 5151).
3 New content according to the c. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).
4 New wording of the sentence as per c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 260 Ter 1 Criminal Organization

Criminal Organization

1. Who has participated in an organization that maintains its structure and its secret workforce and pursues the goal of committing criminal violence or obtaining income through criminal means,

The person who has supported such an organization in its criminal activity,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

2. The judge may freely mitigate the sentence (art. 48 A ) 2 In respect of the person who endeavor to prevent the continuation of the criminal activity of the organization.

3. It is also punishable by a person who has committed the offence abroad if the organization carries out or must carry out its criminal activity in whole or in part in Switzerland. Art. 3, para. 2, is applicable. 3


1 Introduced by ch. I of the PMQ of 18 March 1994, in force since 1 Er August 1994 (RO 1994 1614; FF 1993 III 269).
2 New wording of the phrase according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 New wording of the sentence as per c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 260 Cc 1 Endanging public safety by means of weapons

Endanging public safety by means of weapons

A person who has sold, leased, donated or left at the disposal of a third party a firearm, a weapon prohibited by law, an essential element of a weapon, weapons accessories, ammunition or items of ammunition, or engaged in brokering, then They knew or had to assume that they would serve in the commission of a crime or a crime, be punished by deprivation of liberty for up to five years or a pecuniary penalty, 2 Provided that it does not fulfil the constituent elements of a more serious infringement.


1 Introduced by Art. 41 of the PMQ of 20 June 1997 on arms, in force since 1 Er Jan 1999 ( RO 1998 2535 ; FF 1996 I 1000).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 260 D 1 Financing of terrorism

Financing of terrorism

1 A person who, with the purpose of financing an act of criminal violence intended to intimidate a population or to compel a State or an international organization to perform or refrain from doing any act, gathers or makes available Funds will be punished with a custodial sentence of up to five years or a pecuniary penalty.

2 If the author has merely accommodated the possibility that the funds in question are used to finance a terrorist act, it is not punishable under this provision.

3 The act is not considered to be financing terrorism when it aims to establish or restore a democratic regime or a rule of law, or to allow the exercise of human rights or the safeguarding of human rights.

4 L' al. 1 does not apply if the financing is intended to support acts which are not in conflict with the rules of international law applicable in the event of armed conflict.


1 Introduced by ch. I 1 of the LF of 21 March 2003 (Financing of terrorism), in force since 1 Er Oct. 2003 ( RO 2003 3043 ; FF 2002 5014 ).

Art. 261 Violation of freedom of belief and worship

Violation of freedom of belief and worship

Those who, publicly and in a vile manner, have offended or scorned the convictions of others in the matter of belief, in particular belief in God, or have profaned the objects of religious veneration,

The person who meticulously prevented from celebrating or disturbed or publicly flouted a cultural act guaranteed by the Constitution,

The person who, in any event, has desecrated a place or object intended for worship or a cultural act guaranteed by the Constitution,

Be punished with a pecuniary penalty of 180 days or more.

Art. 261 Bis 1 Racial discrimination

Racial discrimination

Those who, publicly, have incited hatred or discrimination against a person or group of persons because of their racial, ethnic or religious affiliation;

The one who, publicly, has propagated an ideology aimed at denigrating or systematically denigrating members of a race, ethnicity or religion;

Who, for the same purpose, has organised or encouraged or participated in propaganda actions;

The person who has publicly, through the word, the writing, the image, the gesture, by way of fact or in any other way, lowered or discriminated against in a way that violates the human dignity a person or a group of persons because of their Race, ethnicity or religion or, for the same reason, deny, grossly minimize or seek to justify genocide or other crimes against humanity;

The person who has refused a person or group of persons, on account of their racial, ethnic or religious affiliation, a benefit intended for public use,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.


1 Introduced by Art. 1 of the LF of 18 June 1993, in force since 1 Er Jan 1995 (RO) 1994 2887; FF 1992 III 265).

Art. 262 Attaining the peace of the dead

Attaining the peace of the dead

1. He who grossly profaned the place where one died,

The one who, in any event, has disturbed or desecrated a funeral convoy or a funeral ceremony,

The person who has profaned or publicly outraged a human body,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. He who, against the will of the person who is entitled, will have removed a human body, a part of a human body, or the ashes of a death shall be punished with a custodial sentence of up to three years or of a pecuniary penalty.

Art. 263 Acts committed in a state of wrongful liability

Acts committed in a state of wrongful liability

1 Anyone who, in a state of irresponsibility caused by drunkenness or intoxication due to his or her fault, has committed an act that is repressed as a crime or an offence will be punished by a pecuniary penalty of 180 days or more.

2 The penalty shall be deprivation of liberty for up to three years, or a pecuniary penalty, if the penalty of deprivation of liberty is the only penalty provided for in the provision which criminally reacts the crime committed in that State. 1


1 New content according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Heading 12 Bis 4 Genocide and crimes against humanity

Art. 264 Genocide

Genocide

It shall be punishable by deprivation of liberty for life or deprivation of liberty for at least 10 years for the purpose of destroying, in whole or in part, a national, racial, religious, ethnic, social or political group as such:

A.
Kills group members or seriously suspends their physical or mental integrity;
B.
Subject the members of the group to conditions of existence which must result in its total or partial destruction;
C.
Orders or takes measures to prevent births within the group;
D.
Transfer or forcibly transfer children from the group to another group.
Art. 264 A Crimes against humanity/j. Other inhumane acts

Crimes against humanity

1 It shall be punishable by deprivation of liberty for at least five years, in the context of a widespread or systematic attack against the civilian population:

A. Murder

A.
Intentionally kills a person;

B. Extermination

B.
Kills many people with premeditation or imposes living conditions on the population that cause its destruction, with a view to destroying it in whole or in part;

C. Slavery reduction

C.
Has a person who has a right to property, in particular in the context of trafficking in human beings, sexual exploitation or forced labour;

D. Sequestration

D.
Inflicting a serious deprivation of liberty on a person in breach of the basic rules of international law;

E. Enforced disappearances

E.
With the intention of removing a person from the protection of the law for an extended period of time:
1.
The deprivation of liberty on a warrant or with the consent of a State or a political organization, any indication of the fate of the person or the place where it is to be refused,
2.
Refuses any indication of the fate of the person or the place where it is situated, on the terms of reference of a State or of a political organisation or by infringing a legal obligation;

F. Torture

F.
Deals with a person who is under his or her care or under the control of great suffering or severely affects his or her bodily integrity or physical or mental health;

G. Violations of the right to sexual self-determination

G.
Violates a female person, holds it when she has been pregnant against her will to change the ethnic composition of a population, compels a person to undergo a sexual act of comparable gravity, coerced Prostitute or the sterilise of force;

H. Deportation or Forced Transfer of Population

H.
Deported persons from the area where they are legally or forcibly transferring them;

I. Persecution and apartheid

I.
Seriously infringes the fundamental rights of the members of a group of persons by depriving or depriving them of such rights for political, racial, ethnic, religious or social reasons or for any other reason contrary to the law International, in relation to one of the acts referred to in Titles 12 Bis And 12 Ter Or for the purpose of systematically oppressing or dominating a racial group;

J. Other inhumane acts

J.
Commits any other act of a gravity comparable to that of the crimes referred to in this paragraph, thereby inflicting serious harm or damage to a person's bodily integrity or physical or mental health.

2 If the act is particularly serious, in particular if it affects a large number of people or the perpetrator acts cruelly, the judge may impose a custodial sentence on life.

3 In cases of lesser gravity under para. 1, let. C to j, the judge may impose a custodial sentence of at least one year.

Heading 12 Ter 5 War Crimes

Art. 264 B 1. Scope

1. Scope

Art. 264 D To 264 J Are applicable in the context of an international armed conflict, including in a situation of occupation, and, if the nature of the offence does not exclude it, in the context of a non-international armed conflict.

Art. 264 C 2. Serious violations of the Geneva Conventions

2. Serious violations of the Geneva Conventions

1 Every person who commits, in the context of an international armed conflict, a grave breach of the Geneva Conventions of 12 August 1949, shall be punished with a deprivation of liberty for at least five years 1 , namely, one of the following acts against persons or property protected by one of these Conventions:

A.
Murder;
B.
Taking a tages;
C.
Inflict great suffering or serious harm to a person's bodily integrity or physical or mental health, including torture, inhuman treatment or biological experiments;
D.
Destruction or appropriation of assets not justified by military necessity and executed on a large scale;
E.
Coercion of a person to serve in the armed forces of an enemy power;
F.
Illegal deportation, transfer or detention of persons;
G.
Denial of a regular and impartial judgment before infliction or execution of a heavy sentence.

2 The acts referred to in para. 1 which are committed in the context of a non-international armed conflict are treated as serious offences under international humanitarian law if they are directed against a person or property protected by that right.

3 If the act is particularly serious, in particular if it affects a large number of people or the perpetrator acts cruelly, the judge may impose a custodial sentence on life.

4 In cases of lesser gravity under para. 1, let. C to g, the judge may impose a custodial sentence of at least one year.


1 Conv. De Genève of 12 August 1949 for the improvement of the lot of the wounded and sick in the armed forces in the field (CG I), RS 0.518.12 ; Conv. Of Geneva of 12 August 1949 for the improvement of the fate of the wounded, sick and shipwrecked of the armed forces on the sea (CG II), RS 0.518.23 ; Conv. Geneva of 12 August 1949 relative to the treatment of prisoners of war (CG III), RS 0.518.42 ; Conv. Geneva of 12 August 1949 on the Protection of Civilian Persons in Time of War (CG IV), RS 0.518.51 .

Art. 264 D 3. Other war crimes/a. Attack against civilians or civilian objects

3. Other War Crimes

A. Attack against civilians or civilian objects

1 At least three years of deprivation of liberty shall be punishable by deprivation of liberty for at least three years in the context of an armed conflict.

A.
The civilian population as such or civilians who are not directly involved in hostilities;
B.
Persons, facilities, equipment or vehicles employed in the course of a humanitarian or peacekeeping mission in accordance with the Charter of the United Nations of 26 June 1945 1 When they are protected under international humanitarian law;
C.
Civilian property, residential areas and non-defended buildings or demilitarized zones that do not constitute military objectives;
D.
Health units, buildings, equipment or vehicles with a distinctive sign provided for under international humanitarian law or whose protected character is recognisable despite the absence of a distinctive sign, hospitals or places where Sick and injured people are gathered;
E.
Cultural property, persons responsible for protecting them or vehicles assigned to their transport, or buildings devoted to religion, art, education, science or charitable action, when they are protected by law Humanitarian international.

2 In particularly serious cases of attacks against persons, the judge may impose a sentence of deprivation of liberty for life.

3 In cases of lesser gravity, the judge may impose a custodial sentence of at least one year.


Art. 264 E 3. Other war crimes/b. Unmotivated medical treatment, violation of the right to sexual self-determination or human dignity

B. Improper medical treatment, violation of the right to sexual self-determination or the dignity of the person

1 It shall be punishable by deprivation of liberty for at least three years in the context of an armed conflict:

A.
Seriously undermines the physical or mental health or physical or mental health of a person protected by international humanitarian law or puts that person in serious danger by subjecting him to a medical procedure that is not motivated By its state of health and is not in accordance with the principles of generally accepted medicine;
B.
Violates a female person protected by international humanitarian law, holds it when she has been pregnant against her will to change the ethnic composition of a population, forces a person protected by International humanitarian law to undergo a sexual act of a comparable gravity, forced into prostitution or the sterilise of force;
C.
Seriously undermines the dignity of a person protected by international humanitarian law by treating it in a humiliating or degrading manner.

2 If the act is particularly serious, in particular if it affects a large number of people or the perpetrator acts cruelly, the judge may impose a custodial sentence on life.

3 In cases of lesser gravity, the judge may impose a custodial sentence of at least one year.

Art. 264 F 3. Other War Crimes/c. Recruitment or use of child soldiers

C. Recruitment or use of child soldiers

1 Any person who engages in the conscription or enlistment of children under the age of fifteen in armed forces or in armed groups or engages in armed conflict shall be punished by deprivation of liberty for at least three years.

2 If the act is particularly serious, in particular if it affects a large number of children or the perpetrator acts cruelly, the judge may impose a custodial sentence on life.

3 In cases of lesser gravity, the judge may impose a custodial sentence of at least one year.

Art. 264 G 3. Other War Crimes/d. Prohibited Warfare Methods

D. Prohibited Warfare Methods

1 It shall be punishable by deprivation of liberty for at least three years in the context of an armed conflict:

A.
Launches an attack of which it knows or must assume that it will cause, in a disproportionate manner to the expected concrete and direct military advantage, loss of life in the civilian population, injuries to civilians, damage to the Property of a civil character or of extensive, lasting and serious environmental damage;
B.
Uses a person protected by international humanitarian law as a shield to influence combat operations;
C.
As a method of warfare, is engaged in looting, illegally appropriates property in any other way, destroys or confiscates without necessity property belonging to the enemy, deprives civilians of essential goods for their survival or prevents the sending of goods Backup;
D.
Kills or injures an opposing combatant by treachery or while out of combat;
E.
Mutilates the body of an opposing combatant;
F. Orders, under his command authority, that he is not made of a neighbourhood or threat to the enemy;
G.
Abuse of the parliamentary flag, the flag, the uniform, the military insignia of the enemy or the United Nations, or the distinctive signs provided for by international humanitarian law;
H.
As a member of an occupying power, transfers part of its civilian population to the occupied area or transfers all or part of the population of the occupied area inside or outside the occupied area.

2 If the act is particularly serious, in particular if it affects a large number of people or the perpetrator acts cruelly, the judge may impose a custodial sentence on life.

In cases of lesser gravity, the judge may impose a custodial sentence of at least one year.

Art. 264 H 3. Other war crimes. Use of Prohibited Weapons

E. Use of Prohibited Weapons

1 It shall be punishable by deprivation of liberty for at least three years in the context of an armed conflict:

A.
Uses poison or poisonous weapons;
B.
Uses biological or chemical weapons, including toxic or asphyxiating gases, materials, or liquids;
C.
Uses bullets that flourish or flatten easily in the human body or bullets that explode in the human body;
D.
Uses weapons whose main effect is to injure by shrapnel that are not localizable in the human body;
E.
Uses laser weapons whose main effect is to cause permanent blindness.

2 If the act is particularly serious, the judge may impose a sentence of deprivation of liberty for life.

Art. 264 I 4. Disruption of an armistice or peace. Deliver against a parliamentarian. Delaying the repatriation of prisoners of war

4. Disruption of an armistice or peace. Deliver against a parliamentarian. Delaying the repatriation of prisoners of war

Every person shall be punished with a custodial sentence of up to three years or of a pecuniary penalty if:

A.
Continue hostilities after having been formally acquainted with the conclusion of an armistice or peace or in breach of the terms of an armistice in any other manner;
B.
Mistreat, insults, or improperly detays an enemy parliamentarian or an accompanying person;
C.
Unjustifiably delays the repatriation of prisoners of war after the end of hostilities.
Art. 264 J Other violations of international humanitarian law

Other violations of international humanitarian law

Any person who, in the context of an armed conflict, violates, in a manner which is not punishable by art. 264 C To 264 I , a standard of international humanitarian law whose violation is punishable under customary international law or an international convention recognized as binding by Switzerland is punishable by deprivation of liberty for three years At most or a financial penalty.

Heading 12 Cc 6 Provisions common to securities 12 Bis And 12 Ter

Art. 264 K Top Punishing

Top Punishing

1 The superior who is aware of the fact that a subordinate commits or is about to commit one of the acts referred to in Titles 12 Bis And 12 Ter And who does not take the appropriate measures to prevent it is liable to the same penalty as the author. If it acts negligently, it shall be punished by deprivation of liberty for up to three years or a pecuniary penalty.

2 The superior who is aware of the fact that a subordinate has committed one of the acts referred to in Titles 12 Bis And 12 Ter And who does not take the appropriate measures to ensure the punishment of the perpetrator of this act is punishable by a custodial sentence of up to three years or a pecuniary penalty.

Art. 264 L Acts Committed on the Order of Others

Acts Committed on the Order of Others

Subordinate who commits one of the acts referred to in Titles 12 Bis And 12 Ter On the order of a superior or by obeying instructions which binds him in a similar manner is punishable if he is aware, at the time of the acts, of the punishable nature of his act.

Art. 264 M Acts Committed Abroad

Acts Committed Abroad

1 Every person who commits abroad one of the acts referred to in Titles 12 Bis And 12 Ter Or art. 264 K Is punishable if he is in Switzerland and is not extradited or surrendered to an international criminal tribunal whose jurisdiction is recognized by Switzerland.

2 Where the author is not a Swiss national and the act committed abroad was not directed against a Swiss national, the authorities may suspend or waive the criminal prosecution, subject to the retention of evidence, in the The following cases:

A.
A foreign authority or an international criminal court whose jurisdiction is recognized by Switzerland shall prosecute the offence and the author shall be extradited or surrendered to that court;
B.
The author is no longer in Switzerland and is unlikely to return to Switzerland.

3 Art. 7, para. 4 and 5 shall apply, unless the acquittal, remission or limitation of the sentence abroad was intended to unduly protect the author of any sentence.

Art. 264 N Exclusion of relative immunity

Exclusion of relative immunity

Continuation of the acts referred to in Titles 12 Bis And 12 Ter And art. 264 K Shall not be subject to any of the authorisations provided for in the following provisions:

A.
Art. 7, para. B, of the Code of Criminal Procedure 1 ;
B.
Art. 14 and 15 of the Act of 14 March 1958 on liability 2 ;
C.
Art. 17 of the Act of 13 December 2002 on Parliament 3 ;
D.
Art. 61 A The Act of 21 March 1997 on the organisation of government and administration 4 ;
E.
Art. 11 of the Act of 17 June 2005 on the Federal Court 5 ;
F.
Art. 12 of the Act 17 June 2005 on the Federal Administrative Tribunal 6 ;
G.
Art. 16 of the Law of 20 March 2009 on the Federal Patent Court 7 ;
H.
Art. 50 of the Law of 19 March 2010 on the organisation of criminal prosecution authorities 8 .

Title 13 Crimes or offences against the State and national defence

Art. 265 1. Crimes against the State. /High Treason

1. Crimes against the State.

High Treason

The person who has committed an act tending to

To modify by violence the Constitution or the Constitution of a canton 1 ,

To overthrow by violence the political authorities established by the Constitution, or to put them by violence in the impossibility of exercising their power,

Or to detach from violence a part of the territory of Switzerland with the Confederation or a part of the cantonal territory with a canton,

Be punished with a custodial sentence of at least one year 2 .


1 RS 131.211 /.235
2 New expression according to c. II 1 al. 11 of the LQ of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ). This mod has been taken into account. Throughout the Book.

Art. 266 1. Crimes against the State. /Achievement of the Independence of the Confederation

Reaching the Independence of Confederation

1. The person who has committed an act tending to

To impair the independence of the Confederation or to endanger that independence,

Or to provoke, on the part of a foreign power, in the affairs of the Confederation, an interference which would endanger the independence of the Confederation,

Be punished with a custodial sentence of at least one year.

2. 1 Those who have established intelligences with the government of a foreign state or with one of its agents with the aim of provoking a war against the Confederation will be punished with a custodial sentence of at least three years.

In serious cases, the judge may impose a sentence of deprivation of liberty for life.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1 16; FF 1949 I 1233).

Art. 266 Bis 1 1. Crimes against the State. /Enterprises and foreign operations against the security of Switzerland

Enterprises and foreign operations against the security of Switzerland

1 The person who, having the effect of provoing or supporting companies or carried out abroad against the security of Switzerland, will have entered into contact with a foreign state, or with foreign parties, or with other organisations abroad, or with Their agents, or have launched or propagated inaccurate or biased information, shall be punished by deprivation of liberty for not more than five years or of a pecuniary penalty.

2 In serious cases, the judge may impose a custodial sentence of at least one year.


1 Introduced by ch. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).

S. 267 1. Crimes against the State. /Diplomatic ison

Diplomatic Trap

1. The person who, intentionally, has disclosed or made available to a foreign state or to one of its agents a secret that the interest of the Confederation would require to keep, 1

The person who falsified, destroys, removes or subtracts from the titles or means of evidence relating to relations of law between the Confederation or a canton and a foreign state and thus intentionally compromises the interests of the Confederation or a canton,

Who, in his capacity as the representative of the Confederation, intentionally led to the detriment of the negotiations with a foreign government,

Be punished with a custodial sentence of at least one year.

2. The person who, intentionally, has disclosed or made available to the public a secret that the interest of the Confederation has ordered to keep, shall be punished by deprivation of liberty for not more than five years or of a pecuniary penalty. 2

3. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently. 3


1 New content according to the c. I of the PMQ of 10 Oct. 1997, effective from 1 Er April 1998 (RO 1998 852; FF 1996 IV 533).
2 Introduced by ch. I of the PMQ of 10 Oct. 1997, effective from 1 Er April 1998 (RO 1998 852; FF 1996 IV 533).
3 Formerly c. 2.

Article 268 1. Crimes against the State. /Relocation of official posts

Moving Official Ranges

The person who has deleted, moved, surrendered, falsified or falsified a post or any other sign intended to mark the frontiers of the Confederation, a canton or a municipality shall be punished by deprivation of liberty for five years at the More or a pecuniary penalty.

Art. 269 1 1. Crimes against the State. /Violation of the territorial sovereignty of Switzerland

Violation of the territorial sovereignty of Switzerland

Anyone who has entered Swiss territory, contrary to the law of the people, will be punished with a penalty of deprivation of liberty or a penalty.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233). See also RO 57 1364.

Art. 270 1. Crimes against the State. /Infringement of the Swiss emblems

Infringement of Swiss emblems

The person who, by malevolence, has abducted, degraded, or will have, by means of excessive acts, a Swiss emblem of sovereignty raised by an authority, in particular the arms or the flag of the Confederation or of a canton, shall be punished by deprivation of liberty of No more than three years or a financial penalty.

Art. 271 1 1. Crimes against the State. /Acts executed without law for a foreign state

Acts executed without the right of a foreign state

1. The person who, without being authorized to do so, has proceeded on Swiss territory for a foreign state to acts which are the responsibility of the public authorities,

The person who has carried out such acts for a foreign party or another organization from abroad,

The one who has favoured such acts,

Be punished with a custodial sentence of up to three years or a pecuniary penalty and, in serious cases, a custodial sentence of at least one year. 2

2. A person who, by using violence, ruse or threat, has trained a person abroad to deliver to an authority, party or other organization outside Canada, or to endanger his or her life or bodily integrity, shall be punished by a Deprivation of liberty for at least one year.

3. The person who has prepared such a kidnapping shall be punished by deprivation of liberty or a pecuniary penalty.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 272 1 2. Espionage. /Political Information Service

2. Espionage.

Political Information Service

1. A person who, in the interest of a foreign state, or a foreign party or other organization of the alien, and to the prejudice of Switzerland or its nationals, inhabitants or organizations, has engaged in a political intelligence service, or Have organized such a service,

The person who has engaged another person for such a service or encouraged such action,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. In serious cases, the judge shall deliver a custodial sentence of at least one year. In particular, it will be considered as serious to have incited acts that jeopardise the internal or external security of the Confederation or have given false information of this nature.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).

Art. 273 2. Espionage. /Economic Intelligence Service

Economic Information Service

A person who has sought to discover a manufacturing or business secret to make it accessible to a foreign official or private body, or to a foreign private enterprise, or to their agents,

The person who has made accessible a secret of manufacture or business to a foreign official or private body, or to a foreign private enterprise, or to their agents,

Be punished with a custodial sentence of up to three years or a pecuniary penalty or, in serious cases, a custodial sentence of at least one year. In the case of deprivation of liberty, a financial penalty may also be imposed. 1


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 274 1 2. Espionage. /Military Intelligence Service

Military Intelligence Service

1. The person who has collected military information for the benefit of the alien and for the prejudice of Switzerland or has organized such a service,

The person who has engaged another person for such a service or encouraged such action,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

In serious cases, the judge may impose a custodial sentence of at least one year.

2. Correspondence and equipment will be confiscated.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).

Art. 275 1 3. The danger of constitutional order. /Infringement of constitutional order

3. The danger of constitutional order.

Violations of constitutional order

Those who have committed an act tending to disturb or alter in an unlawful manner the order based on the Constitution or the Constitution of a canton 2 , shall be punished by deprivation of liberty for up to five years or a pecuniary penalty.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1 16; FF 1949 I 1233).
2 RS 131.211 /.235

Art. 275 Bis 1 3. The danger of constitutional order. /Subversive Propaganda

Subversive Propaganda

Those who have made foreign propaganda aimed at overthrowing by violence the constitutional order of the Confederation or a canton will be punished by deprivation of liberty for up to three years or a pecuniary penalty.


1 Introduced by ch. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1 16; FF 1949 I 1233).

Art. 275 Ter 1 3. The danger of constitutional order. /Illicit Groupings

Illegal Groupings

A person who has founded a group that is directed or whose activity is to perform acts reprimed by s. 265, 266, 266 Bis , 271 to 274, 275 and 275 Bis ,

The person who has joined or has associated itself with such a grouping,

The person who has caused the foundation of such a grouping or has complied with its instructions,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.


1 Introduced by ch. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1 16; FF 1949 I 1233).

Art. 276 4. Offences against military security. Provocation and incitement to breach of military duties

4. Offences against military security.

Provocation and incitement to breach of military duties

1. Those who have publicly provoked disobedience to a military order, a breach of duty of service, refusal to serve or desertion,

The person who incited a person on duty to commit any of these offences,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. The penalty will be a custodial sentence or a financial penalty if the offender incited or incited the mutiny or conspiracy.

Art. 277 4. Offences against military security. /Falsification of order of layoff or instructions

Falsification of order of layoff or instructions

1. The person who, intentionally, infringes, falsifies, destroys or causes the disappearance of an order to stand for recruitment, an order of establishment, an order of march or an instruction for citizens who are subject to military service,

The person who has made use of such an order or of such falsified or falsified instruction,

Be punished with a custodial sentence or a financial penalty.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the offender has acted negligently.

S. 278 4. Offences against military security. /Enforce military service

Enforce military service

Anyone who has prevented a member from doing his or her service, or having disturbed him in his service, will be punished with a penalty of up to 180 days.

Title 14 Time limits against popular will

Art. 279 Violence

Violence

A person who, through violence or the threat of serious harm, has prevented or disturbed a meeting, election or voting organized under the Constitution or the Law,

The person who, through violence or the threat of serious harm, has prevented or impeded the search for or deposit of signatures to support a request for a referendum or initiative,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 280 Violations of the right to vote

Violations of the right to vote

A person who, through violence or threat of serious harm, has prevented an elector from exercising his or her right to vote, or to sign an application for a referendum or initiative,

The person who, by the violence or the threat of serious harm, has compelled an elector to exercise one of those rights, or to exercise it in a specified sense,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 281 Electoral Corruption

Electoral Corruption

A person who has offered, promised, granted, or made a gift or other benefit to an elector, to either engage in the right to vote in a particular direction, or to give or refuse to support an application for a referendum or initiative,

The person who has offered, promised, granted or made a gift or other benefit to an elector, so that he or she abstaining from taking part in an election or voting,

An elector who has been promised or granted such a benefit,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

Article 282 Electoral Fraud

Electoral Fraud

1. Those who have forged, falsified, destroyed or cause to disappear an electoral register,

The person who, without having the right, has taken part in an election, a vote or signed an application for a referendum or initiative,

The person who falsified the result of an election, a vote or the number of signatures collected in support of a request for a referendum or initiative, in particular by adding, amending, removing or radiating ballot papers or signatures, in Inaccurately counting the votes or the signatures, or by recording the result by a verbatim record contrary to the truth,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. 1 If the offender has acted in an official capacity, the sentence will be a custodial sentence of up to three years or a penalty of at least 30 days. In the case of deprivation of liberty, a financial penalty may also be imposed.


1 New content according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 282 Bis 1 Capture of votes

Capture of votes

A person who systematically collects, fills or alters ballot papers or distributes completed or amended ballots shall be fined.


1 Introduced by Art. 88 Ch. 1 of the LF of 17 Dec. 1976 on political rights, in force since 1 Er Jul. 1978 (RO 1978 688; FF 1975 I 1337).

Article 283 Violation of the secrecy of the vote

Violation of the secrecy of the vote

Those who, through illicit means, have been able to discover in what sense one or more voters who are using their right to vote will be punished with a custodial sentence of up to three years or a pecuniary penalty.

S. 284 1

1 Repealed by c. I of the LF of 18 March 1971, with effect from 1 Er Jul. 1971 (RO 1971 777; FF 1965 I 569).

Title 15 Offences against public authority

Article 285 Violence or threat against authorities and civil servants

Violence or threat against authorities and civil servants

1. 1 A person who, by means of violence or threat, has prevented an authority, a member of an authority or an official from making an act in his or her functions, has forced them to do such an act or will have engaged in assault on them While doing so, will be punished with a custodial sentence of up to three years or a pecuniary penalty.

Employees of undertakings defined by the Railway Act of 20 December 1957 on the railways 2 , the law of 20 March 2009 on passenger transport 3 And the Law of 19 December 2008 on the carriage of goods by rail 4 As well as employees of organisations mandated in accordance with the Federal Act of 18 June 2010 on the safety bodies of public transport undertakings 5 And with permission from the Federal Transportation Agency are also considered public servants. 6

2. If the offence has been committed by a crowd of people, all those who have taken part in the event will be punished with a custodial sentence of up to three years or a pecuniary penalty.

Those of them who have committed violence against persons or property will be punished with a custodial sentence of up to three years or a penalty of 30 days at least. 7


1 New content according to the c. II 5 of the LF of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
2 RS 742.101
3 RS 745.1
4 RS 742.41
5 RS 745.2
6 New content according to Art. 11 para. 2 of the LF of 18 June 2010 on the safety bodies of public transport undertakings, in force since 1 Er Oct. 2011 ( RO 2011 3961 ; FF 2010 821 845)
7 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 286 1 Preempting an official act

Preempting an official act

A person who has prevented an authority, a member of an authority or an official from performing an act in his or her duties shall be punished with a penalty of not more than 30 days.

Employees of undertakings defined by the Railway Act of 20 December 1957 on the railways 2 , the law of 20 March 2009 on passenger transport 3 And the Law of 19 December 2008 on the carriage of goods by rail 4 As well as employees of organisations mandated in accordance with the Federal Act of 18 June 2010 on the safety bodies of public transport undertakings 5 And with permission from the Federal Transportation Agency are also considered public servants. 6


1 New content according to the c. II 5 of the LF of 20 March 2009 on the reform of the railways 2, in force since 1 Er Jan 2010 ( RO 2009 5597 ; FF 2005 2269 , 2007 2517).
2 RS 742.101
3 RS 745.1
4 RS 742.41
5 RS 745.2
6 New content according to Art. 11 para. 2 of the LF of 18 June 2010 on the safety bodies of public transport undertakings, in force since 1 Er Oct. 2011 ( RO 2011 3961 ; FF 2010 821 845)

S. 287 Feature Usurpation

Feature Usurpation

A person who, for an unlawful purpose, has usurped the exercise of a function or the power to give military orders shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

Art. 288 1

1 Repealed by c. I 1 of the PMQ of Dec 22. 1999 (Revision of the criminal law on corruption), with effect from 1 Er May 2000 ( RO 2000 1121 ; FF 1999 5045 ).

Art. 289 Subtracting objects that are held by the authority

Subtracting objects that are held by the authority

Those who have subtracted from the hands of the authority will be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 290 Sealed Bris

Sealed Bris

A person who has broken or removed an official mark, including a seal, affixed by the authority to lock or identify an object, or who has failed to do so, shall be punished by deprivation of liberty for not more than three years Monetary.

S. 291 Breaking of ban

Breaking of ban

1 A person who has contravened a decision to expel the territory of the Confederation or a canton imposed by a competent authority shall be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.

2 The duration of this sentence shall not be charged to that of expulsion.

S. 292 Insubmission to a decision of the authority

Insubmission to a decision of the authority

A person who has not complied with a decision served under the threat of the penalty provided for in this Article by a competent authority or official shall be liable to a fine.

Art. 293 Publication of secret official debates

Publication of secret official debates

1 The person who, without having the right, will have delivered to the publicity all or part of the acts, instructions or debates of an authority which are secret under the law or a decision taken by the authority within the limits of its jurisdiction shall be punished A fine.

2 Complicity is punishable.

3 The judge may waive any sentence if the secrecy of the advertisement is of little importance. 1


1 Introduced by ch. I of the PMQ of 10 Oct. 1997, effective from 1 Er April 1998 (RO 1998 852; FF 1996 IV 533).

Art. 294 1 Offence of prohibition of activity, prohibition of contact or geographical prohibition

Offence of prohibition of activity, prohibition of contact or geographical prohibition

1 Every person who carries on an activity in violation of the prohibition against him under s. 67 of this Code, of Art. 50 of the Military Penal Code of 13 June 1927 (CMP) 2 Or art. 16 A DPMin 3 Is punished with a custodial sentence of up to one year or of a pecuniary penalty.

2 Any person who makes contact with one or more specified persons or members of a particular group or approach or frequents certain places in disregard of the prohibition against him or her under s. 67 B Of this Code, of Art. 50 B CPM or Art. 16 A DPMin is punished by deprivation of liberty for a maximum of one year or a pecuniary penalty.


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
2 RS 321.0
3 RS 311.1

S. 295 1 Non-compliance with probation or rules of conduct

Non-compliance with probation or rules of conduct

Any person who does not comply with the probation assistance ordered by the judge or enforcement authority or violates the rules of conduct imposed by the judge or enforcement authority shall be liable to the fine.


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).

Title 16 Crimes or offences that affect foreign relations

Art. 1 Outrages to foreign states

Outrages to foreign states

Those who, in public, have outraged a foreign state in the person of their leader, in their government or in the person of one of their diplomatic agents or official delegates at a diplomatic conference in Switzerland or one of the Its official representatives in an inter-state institution or its organisation established or sitting in Switzerland shall be punished by deprivation of liberty for up to three years or of a pecuniary penalty.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).

Art. 1 Outrages to inter-State institutions

Outrages to inter-State institutions

Anyone who, publicly, will have outraged an inter-state institution or its organisation established or sitting in Switzerland in the person of one of its official representatives shall be punished by deprivation of liberty for three years or more Monetary.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).

Art. 298 Infringement of National Foreign Emblems

Infringement of National Foreign Emblems

A person who, by means of malevolence, has abducted, degraded or will have through outrages the emblems of the sovereignty of a foreign state which is publicly displayed by an official representative of that State, including his or her arms or flag, shall be punished with a punishment Freedom of up to three years or a pecuniary penalty.

Art. Violation of foreign territorial sovereignty

Violation of foreign territorial sovereignty

1. The person who has violated the territorial sovereignty of a foreign state, in particular by unduly proceeding with official acts in the territory of that State,

The person who has entered the territory of a foreign state contrary to the law of the people,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. The one who, from Swiss territory, has tried to disrupt the political order of a foreign state by violence, will be punished with a custodial sentence of up to three years or a pecuniary penalty.

Art. 300 Acts of hostility against a belligerent or foreign troops

Acts of hostility against a belligerent or foreign troops

Those who, from the neutral territory of Switzerland, have undertaken or encouraged acts of hostility against a belligerent,

The one who has engaged in hostile acts against foreign troops admitted to Switzerland,

Be punished with a custodial sentence or a financial penalty.

Art. 301 Military Espionage to the Prejudice of a Foreign State

Military Espionage to the Prejudice of a Foreign State

1. Those who, on Swiss territory, have collected military information for a foreign State to the detriment of another foreign State or have organised such a service,

The person who has engaged others in such a service or encouraged such action,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. Correspondence and equipment will be confiscated.

Art. 302 1 Pursuit

Pursuit

1 The crimes and offences provided for in this Title shall be prosecuted only upon the decision of the Federal Council.

2 The Federal Council shall order the prosecution only if the request is made by the Government of the foreign State in the cases provided for in Art. 296 and by an organ of the intergovernmental institution in the cases referred to in Art. 297. In time of active service, he may order the prosecution even in the absence of such a request.

3 In the cases provided for in art. 296 and 297, criminal proceedings are prescribed for two years. 2


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).
2 New content according to the c. I of the PMQ of 22 March 2002 (Issue of criminal proceedings), in force since 1 Er Oct. 2002 ( RO 2002 2986 ; FF 2002 2512 1579).

Title 17 Crimes or offences against the administration of justice

Article 303 Slayer Denunciation

Slayer Denunciation

1. The person who has denounced to the authority, as the perpetrator of a crime or an offence, a person whom he knew to be innocent, with a view to the opening of criminal proceedings against it,

The one who, in any other way, will have clever machinations to provoke a criminal prosecution against a person whom he knew to be innocent,

Be punished with a custodial sentence or a financial penalty.

2. The penalty will be a custodial sentence of up to three years or a financial penalty if the slanderous denunciation relates to a ticket.

S. 304 Inducing justice in error

Inducing justice in error

1. The person who has denounced to the authority an offence which he knew had not been committed,

The person who falsely accused the authority of committing an offence,

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

2. In cases of very minor severity, the judge may exempt the offender from any sentence.

Art. 305 Entrave to criminal proceedings

Entrave to criminal proceedings

1 A person who has removed a person from criminal prosecution or the execution of a sentence or any of the measures provided for in s. 59 to 61, 63 and 64 1 Be punished with a custodial sentence of up to three years or a pecuniary penalty.

1bis The same penalty shall be given to those who have subtracted an individual from an open criminal prosecution abroad or to the execution of a custodial sentence or a measure under s. 59 to 61, 63 or 64 pronounced outside Canada for any of the crimes referred to in s. 101. 2

2 The judge will be able to exempt the offender from any sentence if the offender's relationship with the person is narrow enough to render his conduct excusable.


1 New wording of the phrase according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
2 Introduced by ch. I of the LF of 9 Oct. 1981 (RO 1982 1530; FF 1980 I 1216). New content according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 (RO) 2006 3459; FF 1999 1787 ).

Art. 305 Bis 1 Money laundering

Money laundering 2

1. Those who have committed an act of their own to hinder the identification of the origin, the discovery or the confiscation of heritage values of which he knew or had to presume that they originated from a crime or a qualified tax offence, shall be punished by a A custodial sentence of up to three years or a financial penalty. 3

1 Bis The offences referred to in s. Are considered to be a qualified tax offence. 186 of the Federal Direct Tax Act of December 14, 1990 4 And art. 59, para. 1, 1 Er Paragraph, of the Federal Act of 14 December 1990 on the harmonisation of the direct taxes of the cantons and municipalities 5 , when the taxes subtracted by fiscal period amount to more than 300 000 francs. 6

2. In serious cases, the penalty shall be deprivation of liberty for up to five years or a pecuniary penalty. In the case of deprivation of liberty, a penalty of 500 days or more is also imposed. 7

The case is serious, particularly when the offender:

A.
Acts as a member of a criminal organization;
B.
Acts as a member of a band formed to systematically engage in money laundering 8 ;
C.
Achieves significant revenue or gain by doing business to launder money.

3. The offender is also punishable when the predicate offence has been committed abroad and when it is also punishable in the State in which it was committed. 9


1 Introduced by ch. I of the PMQ of 23 March 1990, in force since 1 Er August 1990 (RO 1990 1077; FF 1989 II 961).
2 New content according to Art. 43 of the 10 Oct PMQ. 1997 on money laundering, in force since 1 Er April 1998 (RO 1998 892; FF 1996 III 1057).
3 New content according to the c. I 4 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ). See also disp. And trans. Of this mod. At the end of the text.
4 RS 642.11
5 RS 642.14
6 Introduced by ch. I 4 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 ( RO 2015 1389 ; FF 2014 585 ).
7 New content of sentences according to c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
8 New content according to Art. 43 of the 10 Oct PMQ. 1997 on money laundering, in force since 1 Er Apr 1998 (RO 1998 892; FF 1996 III 1057).
9 Rectified by the Ass CoR. Fed. (art. 33 LREC; 1974 1051).

Art. 305 Ter 1 Failure to be vigilant in financial transactions and the right to communicate

Failure to be vigilant in financial transactions and the right to communicate 2

1 A person who, in the performance of his or her profession, has accepted, kept on deposit or helped to place or transfer heritage values belonging to a third party and who has failed to verify the identity of the economic right with the vigilance that Require the circumstances, will be punished with a custodial sentence of up to one year or a pecuniary penalty. 3

2 The persons referred to in para. 1 have the right to communicate to the Office of Communication on Money Laundering of the Federal Police Office the indications that heritage values are derived from a crime or a qualified tax offence within the meaning of Art. 305 Bis , ch. 1 Bis . 4


1 Introduced by ch. I of the PMQ of 23 March 1990, in force since 1 Er August 1990 (RO 1990 1077; FF 1989 II 961).
2 New content according to the c. I of the PMQ of 18 March 1994, in force since 1 Er August 1994 (RO 1994 1614; FF 1993 III 269).
3 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
4 Introduced by ch. I of the PMQ March 18, 1994 (RO 1994 1614; FF 1993 III 269). New content according to the c. I 4 of the 12 Dec LF. 2014 on the implementation of the recommendations of the Financial Action Task Force, revised in 2012, in force since 1 Er Jan 2016 (RO) 2015 1389; FF 2014 585 ).

Art. 306 False statement by a party to court

False statement by a party to court

1 A person who, having been a party to a civil trial, will have given the facts of the case, after having been expressly invited by the judge to tell the truth and pay attention to the criminal proceedings, a false statement constituting a means of proof, shall be punished A custodial sentence of up to three years or a financial penalty.

2 If the declarant has taken the oath or has solemnly promised to tell the truth, the penalty shall be a deprivation of liberty for at least three years or a penalty of at least 90 days. 1


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 307 False testimony, false report, false translation in court

False testimony, false report, false translation in court

1 A person who, as a witness, expert, translator or court interpreter, has made a false statement of the facts of the case, provided a false statement or report, or made a false translation, shall be punished by a deprivation of liberty for five years at the More or a pecuniary penalty.

2 If the declarant has taken the oath or has solemnly promised to tell the truth, the penalty shall be a deprivation of liberty for at least five years or a penalty of 180 days at least. 1

3 The penalty will be a penalty of 180 days to the most 2 If the false statement relates to facts that cannot affect the judge's decision.


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Article 308 Sentences of punishment

Sentences of punishment

1 If the perpetrator of a crime or an offence under s. 303, 304, 306 and 307 rectified its false information or misrepresentation of its own motion and before it resulted in any prejudice to the rights of others, the judge may mitigate the penalty (s. 48 A ) and may also exempt the offender from any sentence. 1

2 If the perpetrator of a crime or an offence under s. 306 and 307 made a false statement because, by telling the truth, he would have exposed or exposed one of his relatives to a criminal prosecution, the judge would be able to mitigate the sentence (art. 48 A ). 2


1 New wording of the phrase according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
2 New wording of the phrase according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 309 1 Administrative and procedural matters before international courts

Administrative and procedural matters before international courts

Art. 306 to 308 are also applicable:

A.
To proceedings before administrative tribunals, before arbitral tribunals and before the authorities and administrative officials who are entitled to receive evidence;
B.
To the proceedings before the international courts of which Switzerland acknowledges compulsory jurisdiction.

1 New content according to the c. I 1 of the PMQ of June 22, 2001 (Disp Offences. On the administration of justice in international courts), in force since 1 Er Jul. 2002 ( RO 2002 1491 ; FF 2001 359 ).

Art. 310 Dealing with inmates

Dealing with inmates

1. A person who, by means of violence, threat or ruse, has prevented a person arrested, detained, or detained in an establishment by a decision of the authority or assisted in his escape shall be punished by deprivation of liberty No more than three years or a financial penalty.

2. If the offence has been committed by a crowd of people, all those who have taken part in the event will be punished with a custodial sentence of up to three years or a pecuniary penalty.

Those of them who have committed violence against persons or property will be punished with a custodial sentence of up to three years or a penalty of 30 days at least. 1


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 311 Mutinery of inmates

Mutinery of inmates

1. Inmates or persons held in an institution by decision of the authority which has been amused in the design

To attack, by mutual agreement, an official of the establishment or any other person responsible for monitoring them,

To compel, through violence or the threat of violence, an official of the establishment or any other person responsible for monitoring them to act or refrain from doing so,

Or escape from violence,

Be punished with a custodial sentence of up to three years or a penalty of 30 days at least. 1

2. Those of them who have committed violence against persons or property will be punished with a deprivation of liberty for at least five years or a penalty of at least 90 days. 2


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Title 18 Offences against duties of office and professional duties

Article 312 Abuse of authority

Abuse of authority

Members of an authority and officials who, for the purpose of procuring or procuring an unlawful advantage, or for the purpose of harming others, will have abused the powers of their office, shall be punished by a custodial sentence. Freedom of up to five years or a financial penalty.

Art. 313 Concussion

Concussion

An official who, in a gainful design, shall have collected fees, emoluments or allowances not due or in excess of the legal tariff shall be punished by deprivation of liberty for not more than three years or of a pecuniary penalty.

Art. 314 1 Unfair management of public interests

Unfair management of public interests

Members of an authority and officials who, for the purpose of procuring or procuring an unlawful advantage by a third party, have wronged in a legal act the public interests which they have mission to defend shall be punished by a penalty Freedom of up to five years or a pecuniary penalty. In the case of deprivation of liberty, a pecuniary penalty is also imposed. 2


1 New content according to the c. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).
2 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 315 And 316 1

1 Repealed by c. I 1 of the PMQ of Dec 22. 1999 (Revision of the criminal law on corruption), with effect from 1 Er May 2000 ( RO 2000 1121 ; FF 1999 5045 ).

Art. 1 False in Titles Committed in the Exercise of Public Functions

False in Titles Committed in the Exercise of Public Functions

1. Officials and public officers who intentionally created a false title, falsified a title, or abused the signature or mark to the actual hand of others to make a supposed title,

Public servants and public officers who have intentionally misidentified in a title a fact that has a legal effect, including by falsely certifying the authenticity of a signature or mark by hand or accuracy A copy,

Be punished by deprivation of liberty for up to five years or a pecuniary penalty.

2. The penalty will be fine if the offender has acted negligently.


1 New content according to the c. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).

Art. Bis 1 Non-punishable acts

Non-punishable acts

1 A person who, with the authorization of a judge, manufactures, modifies or uses securities to form or secure his or her coverage in the course of a secret investigation or who, with the authorization of the head of the Federal Department of Defense, of the Protection of the population and sports (DDPS), pursuant to s. 14 C Federal Act of March 21, 1997, instituting measures for the maintenance of domestic security (SIMA) 2 , manufactures, modifies or uses securities to establish or secure its borrowing identity is not punishable under ss. 251, 252, 255 and 317.

2 The person who, authorized to undertake a secret investigation or with the agreement of the head of the DDPS, manufactures or modifies titles under s. 14 C Of SIMA for borrowing identities is not punishable under ss. 251, 252, 255 and 317.

3 The person who manufactures, modifies or uses titles pursuant to the Federal Act of 23 December 2011 on the extra-procedural protection of witnesses 3 Is not punishable under ss. 251, 252, 255 and 317. 4


1 Introduced by Art. 24 hp. 1 of the LF of 20 June 2003 on the secret investigation ( RO 2004 1409 ; FF 1998 3689 ). New content according to the c. 3 of the annex to the LF of 23 Dec. 2011, in effect since 16 July. 2012 (RO 2012 3745; FF 2007 4773, 2010 7147).
2 RS 120
3 RS 312.2
4 Introduced by ch. 3 of the annex to the LF of 23 Dec. 2011 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6715 ; FF 2011 1 ).

Art. 318 False medical certificates

False medical certificates

1. Physicians, dentists, veterinarians and midwives who have intentionally issued a certificate contrary to the truth, while the certificate was intended to be produced by the authority or to provide an unlawful advantage, or Was liable to prejudice the legitimate and important interests of third parties, shall be punished by deprivation of liberty for up to three years or a pecuniary penalty.

The penalty will be a custodial sentence of up to three years or a financial penalty if the offender had requested, received, or had been promised special remuneration for the purpose of the certificate.

2. The penalty will be fine if the offender has acted negligently.

Art. 319 Assistance in Escape

Assistance in Escape

An official who has assisted in his or her escape or has left a person arrested, detained or returned to an institution by decision of the authority shall be punished by deprivation of liberty for not more than three years or a pecuniary penalty.

Art. 320 Function secret violation

Function secret violation

1. A person who has revealed a secret to him in his capacity as a member of an authority or an official, or of whom he or she has been informed by reason of his or her office or employment, shall be punished by deprivation of liberty for three years or more Monetary penalty.

The revelation remains punishable even as the burden or employment has ended.

2. The disclosure shall not be punishable if it has been made with the written consent of the higher authority.

Article 321 Violation of professional secrecy

Violation of professional secrecy

1. Ecclesiastics, lawyers, legal defenders, notaries, patent attorneys, controllers bound for professional secrecy under the code of obligations 1 , doctors, dentists, chiropractors, pharmacists, midwives, psychologists, as well as their auxiliaries, who have revealed a secret to them by virtue of their profession or who they knew in the exercise of their profession, will be, on Complaint, punished by deprivation of liberty for up to three years or a pecuniary penalty. 2

They will be punished by the same penalty for students who have revealed a secret that they knew during their studies.

The revelation remains punishable even as the holder of the secret no longer exercises his profession or has completed his studies.

2. The disclosure shall not be punishable if it has been made with the consent of the person concerned or if, on the proposal of the holder of the secret, the superior authority or supervisory authority has authorised it in writing.

3. The provisions of federal and cantonal legislation must be reserved for the obligation to inform an authority or to give evidence in court.


1 RS 220
2 New content according to Art. 48 hp. 1 of the LF of 18 March 2011 on the psychology professions, in force since 1 Er April 2013 ( RO 2012 1929 , 2013 915 975; FF 2009 6235 ).

Article 321 Bis 1 Professional secrecy in human research

Professional secrecy in human research

1 The person who, without the right, has revealed a professional secret which he has known in the course of his activity for research on the human being within the meaning of the law of 30 September 2011 concerning research on human beings 2 Be punished under s. 321.

2 Professional secrecy may be waived for research on human diseases and on the structure and functioning of the human body if the conditions laid down in Art. 34 of the Human Research Act of 30 September 2011 has been completed and the Ethics Commission has authorised the lifting of secrecy.


1 Introduced by ch. 4 of the Annex to the LF of 19 June 1992 on data protection (RO 1993 1945; FF 1988 II 421). New content according to the c. 2 of the schedule to the PMQ of Sept. 2011 on human research, in force since 1 Er Jan 2014 (RO) 2013 3215; FF 2009 7259 ).
2 RS 810.30

Article 321 Ter 1 Violation of the secrecy of posts and telecommunications

Violation of the secrecy of posts and telecommunications

1 A person who, in his capacity as an employee, an employee or an auxiliary of an organization providing postal or telecommunication services, shall transmit to a third party information on postal relations, payment traffic or Communication of the customer, opening a closed shipment or seeking to become acquainted with its contents or provided to a third party the opportunity to engage in such an act shall be punished by deprivation of liberty of three years or more Monetary.

2 Similarly, the person who has determined by deception a person who is bound by secrecy under para. 1 to violate this secrecy shall be punished with a custodial sentence of up to three years or of a pecuniary penalty.

3 The violation of the postal secret or the secrecy of telecommunications remains punishable after the employment or the load has ceased.

4 The violation of the postal secret or the secrecy of telecommunications is not punishable as it is required to determine the person who is entitled or to prevent the occurrence of damage.

5 Art. 179 Octies As well as the provisions of the federal and cantonal laws governing an obligation to inform an authority or to give evidence in court are reserved.


1 Introduced by ch. 2 of the Annex to the PMQ of 30 April 1997 on telecommunications, in force since 1 Er Jan 1998 (RO) 1997 2187; FF 1996 III 1361).

S. 322 1 Violation of media obligation to provide information

Violation of media obligation to provide information

1 Media companies are required to indicate immediately and in writing to any person who requests the address of the company's registered office and the identity of the person in charge of the publication (art. 28, para. 2 and 3). 2

2 In addition, newspapers and periodicals must include in each edition the address of the head office of the media company, the major shareholdings in other companies and the name of the responsible editor. When an editor is responsible for only part of the newspaper or periodical, he or she will be designated as the editor responsible for that part. A responsible editor will be designated for each part of the newspaper or periodical.

3 In the event of a violation of this Article, the head of the undertaking shall be liable to the fine. The appointment of a person to be responsible for publication (art. 28, para. 2 and 3) is also punishable. 3


1 New content according to the c. I of the PMQ of 10 Oct. 1997, effective from 1 Er April 1998 (RO 1998 852; FF 1996 IV 533).
2 New wording of the phrase according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 New wording of the sentence as per c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

S. 322 Bis 1 Failure to oppose a publication constituting an offence

Failure to oppose a publication constituting an offence

The person responsible within the meaning of s. 28, para. 2 and 3, of a publication constituting an offence 2 Be punished with a custodial sentence of up to three years or a financial penalty 3 If, intentionally, it did not oppose the publication. If it has acted negligently, the penalty will be the fine. 4


1 Introduced by ch. I of the PMQ of 10 Oct. 1997, effective from 1 Er April 1998 (RO 1998 852; FF 1996 IV 533).
2 New wording of the phrase according to the c. II 2 of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 New sentence member according to c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
4 New wording of the sentence as per c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Heading 19 7 Corruption

S. 322 Ter 1. Bribery of Swiss public officials. /Active Corruption

1. Bribery of Swiss public officials.

Active Corruption

A person who has offered, promised or granted an unfair advantage to a member of a judicial or other authority, an official, an expert, a translator or an interpreter committed by an authority, an arbitrator or a member in favour of one of them, or Of a third party, for the performance or omission of an act in relation to its official activity and which is contrary to its duties or is dependent on its discretion,

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

S. 322 Cc 1. Bribery of Swiss public officials. /Passive Corruption

Passive Corruption

A person who, as a member of a judicial or other authority, as an official, as an expert, translator or interpreter committed by an authority, or as an arbitrator, has sought, has been promised or accepted an advantage In its favour or in the case of a third party, for the performance or omission of an act in relation to its official activity and which is contrary to its duties or is dependent on its discretion

Be punished with a custodial sentence of up to five years or a pecuniary penalty.

S. 322 D 1. Bribery of Swiss public officials. /Grant of an advantage

Granting an advantage

A person who has offered, promised or granted an unfair advantage to a member of a judicial or other authority, an official, an expert, a translator or an interpreter committed by an authority, an arbitrator or a member of the military for the purpose of performing the Duties of his office

Be punished with a custodial sentence of up to three years or a pecuniary penalty.

S. 322 Sexies 1. Bribery of Swiss public officials. /Acceptance of an advantage

Accepting an advantage

A person who, as a member of a judicial or other authority, as an official, as an expert, translator or interpreter committed by an authority, or as an arbitrator, has sought, has been promised or accepted an advantage To perform the duties of his or her office

Be punished with a custodial sentence of up to three years or a financial penalty .

S. 322 Septies 2. Bribery of foreign public officials

2. Bribery of foreign public officials 1

The person who has offered, promised or granted an unfair advantage to a person acting for a foreign state or an international organization as a member of a judicial or other authority, as an official, as an expert, translator or An interpreter committed by an authority, or as an arbitrator or military, in favour of that person or a third party, for the performance or omission of an act in relation to his or her official activity and which is contrary to his or her duties or Discretion,

The person who, acting for a foreign state or an international organization as a member of a judicial or other authority, as an official, as an expert, translator or interpreter committed by an authority, as an arbitrator or Has requested, has been promised or will have accepted, in its favour or in favour of a third party, an unfair advantage for the performance or omission of an act in relation to its official activity and which is contrary to its duties or Its discretion, 2

Be punished by deprivation of liberty for up to five years or a financial penalty .


1 New content according to Art. 2 hp. 2 of the AF of 7 Oct. 2005 (Implementation of the Council of Europe Criminal Law on Corruption and its Prot. Add.), effective from 1 Er Jul. 2006 ( RO 2006 2371 ; FF 2004 6549 ).
2 Par. 2 introduced by art. 2 hp. 2 of the AF of 7 Oct. 2005 (Implementation of the Council of Europe Criminal Law on Corruption and its Prot. Add.), effective from 1 Er Jul. 2006 ( RO 2006 2371 ; FF 2004 6549 ).

S. 322 Octies 3. Common provisions

3. Common provisions

1. ... 1

2. Do not constitute undue benefits from the benefits authorized by the service regulations and those that are of low importance are in accordance with social practices.

3. Individuals performing public duties are treated as public officials.


1 Repealed by c. II 2 of the LF of 13 Dec. 2002, with effect from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Heading 20 8 Contraventions of provisions of federal law

Article 323 1 Non-observance by the debtor of the rules of the procedure for the prosecution of debts or of bankruptcy

Non-observance by the debtor of the rules of the procedure for the prosecution of debts or of bankruptcy

Will be punished by the fine: 2

1. The debtor who, notified in accordance with the law, has not assisted in person in a seizure or inventory and has not been represented in person (art. 91, para. 1, c. 1, 163, para. 2, 345, para. 1, 3 LP 4 );

(2) The debtor who, at the time of seizure or execution of a receiver, has not indicated to competition all the property belonging to him, even those that are not in his possession, as well as his claims and other rights against third parties (art. 91, para. 1, c. 2 and art. 275 LP);

3. The debtor who, in taking an inventory, will not have fully disclosed all the property belonging to him, even those not in his possession, as well as his claims and other rights against third parties (art. 163, para. 2, 345, para. 1, 5 LP);

4. The bankrupt who has not indicated all his property to the bankruptcy office, or will not have made them available to him (s. 222, para. 1, P);

5. The bankrupt who, during the period of liquidation, has not remained at the disposal of the administration of the bankruptcy, unless expressly exempted (Art. 229, para. 1, P).


1 New content according to the c. 8 of the annex to the PMQ of Dec 16. 1994, in force since 1 Er Jan 1997 (RO) 1995 1227; FF 1991 III 1).
2 New content according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
3 Currently: art. 341 al. 1.
4 RS 281.1
5 Currently: art. 341 al. 1.

Art. 324 1 Non-observance by one third of the rules of the procedure for the prosecution of debts or of bankruptcy or of the procedure

Non-observance by one third of the rules of the procedure for the prosecution of debts or of bankruptcy or of the procedure

Will be punished by the fine:

(1) Any adult person who has not indicated to the Office of Bankruptcy all the property of a deceased or leaking bankrupt with whom the bankrupt has a common household, or has not made them available to the Office (art. 222, para. 2, LP 2 );

2. The debtor of a bankrupt who will not be announced within the statutory time limit (s. 232, para. 2, c. 3, LP);

3. The person who, either as a secured creditor or in any other capacity, holds property belonging to a bankrupt and who has not made them available to the Office of Bankruptcy within the statutory time limit (Art. 232, para. 2, c. 4, LP);

4. Those who, as a secured creditor, hold property belonging to a bankrupt and who have not given them to the liquidators at the expiry of the statutory period (Art. 324, para. 2, LP);

5. A third party who has breached its obligation to inform and remit the objects in accordance with s. 57 A , para 1, 91, para. 4, 163, para. 2, 222, para. 4, and 345, para. 1, 3 From the LP.


1 New content according to the c. 8 of the annex to the PMQ of Dec 16. 1994, in force since 1 Er Jan 1997 (RO) 1995 1227; FF 1991 III 1).
2 RS 281.1
3 Currently: art. 341 al. 1.

Article 325 Non-observance of legal requirements on accounting

Non-observance of legal requirements on accounting

Whoever, intentionally or negligently, has breached the legal obligation to hold regular accounts,

Who, intentionally or negligently, has breached the legal obligation to keep his books, letters and telegrams of business,

Be punished with a fine.

Article 325 Bis 1 Non-observance of legal requirements for the protection of tenants of residential and commercial premises

Non-observance of legal requirements for the protection of tenants of residential and commercial premises

The person who, by threatening the tenant with disadvantages such as the termination of the lease, prevented or attempted to prevent him from challenging the amount of the rent or other claims of the lessor,

The person who has denounced the lease because the tenant safeguards or proposes to safeguard the rights conferred on it by the code of obligations 2 ,

The person who, unlawfully, has applied or attempted to apply rent or has claimed or attempted to assert other claims as a result of the failure of the attempt at conciliation or following a judicial decision,

Will, on the tenant's complaint, be fined.


1 Introduced by ch. II art. 4 of the 15 Dec PMQ. 1989 amending CO (Rent Lease and Farm Lease), effective from 1 Er Jul. 1990 (RO 1990 802; FF 1985 I 1369 In fine , disp. End. Tit. VIII and VIII Bis ).
2 RS 220

Art. 326 1 Legal persons, commercial companies and individual enterprises/1. ...

Corporations, Business Corporations and Individual Businesses

1. ...


1 Repealed by c. II 3 of the LF of 13 Dec. 2002, with effect from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 326 Bis 1 Legal persons, commercial companies and individual enterprises/2. In the case of art. 325 Bis

2. In the case of art. 325 Bis

1 If any of the offences under s. 325 Bis Is committed in the management of a corporation, a partnership, a limited partnership or an individual business, or otherwise in the course of carrying on an activity for a third party, the criminal provisions are Applicable to natural persons who have committed the offence.

2 The chief of business or the employer, the principal or the representative who is aware of the offence or who knew it after the fact and who, although he has had the opportunity to prevent or remove the effects thereof, is liable to the same penalty That the author.

3 Where the chief of business or the employer, the principal or the representative is a corporation, a partnership, a limited partnership, an individual business or a community without a legal personality, para. 2 applies to organs and their members, associate partners, effective leaders or liquidators.


1 Introduced by ch. II art. 4 of the 15 Dec PMQ. 1989 amending CO (Rent Lease and Farm Lease), effective from 1 Er Jul. 1990 (RO 1990 802; FF 1985 I 1369 In fine , disp. End. Tit. VIII and VIII Bis ).

Art. 326 Ter 1 Contravention of trade and name provisions

Contravention of trade and name provisions

A person who, to designate a branch or subject registered in the trade register, uses a name which is not in conformity with that entry and which is misleading.

The person who, to designate a branch or subject not registered in the trade register, uses a misleading name,

The person who creates the illusion that a foreign subject not registered in the trade register has its registered office or branch in Switzerland,

Is punished with a fine 2 .


1 Introduced by ch. I of the LF of 17 June 1994 (RO 1994 2290; FF 1991 II 933). New content according to the c. 5 of the annex to the PMQ of Dec 16. 2005 (Right of the company with limited liability; adaptation of the rights of the limited company, the cooperative society, the register of trade and reasons of trade), in force since 1 Er Jan 2008 (RO) 2007 4791; FF 2002 2949 , 2004 3745).
2 Rectified by the Ass CoR. Fed. (art. 58 al. 2 LParl; RS HYPERLINK "http://www.bk.admin.ch/ch/f/rs/c171_10.html").

Art. 326 Cc 1 False information from a pre-need institution for staff

False information from a pre-need institution for staff

A person who, in his capacity as an organ of an institution of foresight in favour of personnel, is legally obliged to inform the beneficiaries and the supervisory authorities and does not do so or gives information contrary to the truth shall be punished A fine.


1 Introduced by ch. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).

Article 327 1

1 Repealed by c. 3 of the annex to the LF of 22 Dec. 1999 on monetary unit and means of payment, with effect from 1 Er May 2000 ( RO 2000 1144 ; FF 1999 6536 ).

Art. 328 Counterfeit Postal Values without False Purpose

Counterfeit Postal Values without False Purpose

1. The person who, for the purpose of putting them into circulation as a facsimile, will have infringed Swiss or foreign postal values without marking each piece of a sign designating it as facsimile,

The person who has imported or has offered for sale or in circulation such facsimile,

Be punished with a fine.

2. 1 Counterfeit will be confiscated.


1 New content according to the c. I of the 5 Oct PMQ. 1950, in force since 5 January 1951 (RO 1951 1; FF 1949 I 1233).

Art. 329 Violation of military secrets

Violation of military secrets

1. The person who, in an unlawful manner, has entered an establishment or any other place whose access is prohibited by the military authority, or has taken records of military establishments or objects of interest to the national defence, or Reproduces or publishes such statements, shall be punishable by a fine.

2. The attempt and the complicity are punishable.

S. 330 Trafficking in materiel held or requisitioned by the military

Trafficking in materiel held or requisitioned by the military

A person who, in an unlawful manner, has sold or acquired, donated or received a pledge, consumed, disappears, destroys or disused the objects held or requisitioned by the administration of the army in the interests of national defence shall be Punished by the fine. 1


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

Art. 331 Unfair port of military uniform

Unfair port of military uniform

Those who have unlawfully worn the uniform of the Swiss army will be punished by the fine. 1


1 New wording of the phrase according to the c. II 1 al. 16 of the 13 Dec LF. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).

S. 332 1 Failure to find advice in case of finding Failure to find notice in case of finding

Failure to Notice in Case of Found

Those who have not provided the prescribed notice of s. 720, para. 2, 720 A , and 725, para. 1, of the Swiss Civil Code 2 , will be punished with the fine.


1 New content according to the c. III of the 4 Oct LF. 2002 (Animals), effective from 1 Er April 2003 ( RO 2003 463 ; FF 2002 3885 5418).
2 RS 210



1 New content according to the c. I of the PMQ of 17 June 1994, in force since 1 Er Jan 1995 (RO) 1994 2290; FF 1991 II 933).
2 New content according to the c. I of the LQ of 20 Dec. 1968, in force since 1 Er May 1969 (RO 1969 327; FF 1968 I 609).
3 New content according to the c. I of the PMQ of 21 June 1991, in force since 1 Er Oct. 1992 (RO 1992 1670; FF 1985 II 1021).
4 Introduced by ch. I of the PMQ of 24 March 2000 ( RO 2000 2725 ; FF 1999 4911 ). New content according to the c. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 (RO) 2010 4963; FF 2008 3461).
5 Introduced by ch. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).
6 Introduced by ch. I 1 of the LF of 18 June 2010 (Rome Statute of the International Criminal Court), in force since 1 Er Jan 2011 ( RO 2010 4963 ; FF 2008 3461 ).
7 Introduced by ch. I 1 of the PMQ of Dec 22. 1999 (Revision of the criminal law on corruption), in force since 1 Er May 2000 ( RO 2000 1121 ; FF 1999 5045 ).
8 Formerly Title 19.

Book 3 1 Entry into force and application of the Penal Code

Title 1 Relationship between the Penal Code and Federal and Cantonal Laws

Art. 333 Application of the General Part of the Criminal Code to Other Federal Statutes

Application of the General Part of the Criminal Code to Other Federal Statutes

1 The general provisions of this Code shall apply to offences under other federal statutes, unless they contain provisions on matter.

2 In other federal statutes:

A.
The imprisonment is replaced by a custodial sentence of more than one year;
B.
Imprisonment is replaced by a custodial sentence of up to three years or by a pecuniary penalty;
C.
Imprisonment for less than six months is replaced by the pecuniary penalty, a month of imprisonment of 30 days and a maximum of 3000 francs.

3 The offence punishable by a fine or a judgment, or a fine exclusively, is a contravention. Art. 106 and 107 are applicable. Is reserved for art. 8 of the Federal Act of 22 March 1974 on administrative criminal law 1 The offence, under another Act of Parliament that entered into force before 1942, of a term of imprisonment not exceeding three months is also a contravention.

4 The terms of the penalties which derogate from para. 2, the amounts of the fines that derogate from s. 106, and art. 41.

5 If another federal statute provides for a fine for a crime or an offence, s. 34 is applicable. The rules governing the fixing of the fine which derogate from this article are not applicable. Is reserved for art. 8 of the Federal Act of 22 March 1974 on administrative criminal law. If the fine is limited to an amount less than 1 080 000 francs, that limitation shall be deleted; in addition, it shall be maintained. In such cases, the maximum number of fine-days is equal to the maximum amount of the fine incurred so far divided by 3000.

6 Until the adaptation of other federal statutes:

A.
The limitation periods for criminal proceedings are increased by half the ordinary length of time for crimes and offences, and twice the ordinary duration for tickets;
B.
The time-limits for criminal action for contraventions, which exceed one year, are increased by the ordinary length of time;
C.
The rules on the interruption and suspension of the requirement of criminal proceedings are repealed; s. 11, para. 3, of the Federal Act of 22 March 1974 on administrative criminal law;
D.
The requirement of criminal proceedings is no longer short if, before its expiry, a judgment of first instance has been handed down;
E.
The limitation periods of the sentence are maintained for crimes and offences and increased by half for tickets;
F.
The rules on the suspension of the limitation period are maintained and the rules on interruption are repealed.

7 Contraventions under other federal statutes are punishable even when they have been committed by negligence, unless it is apparent from the applicable provision that the contravention is quashed only if it has been committed Intentionally.


S. 334 Reference to amended or repealed provisions

Reference to amended or repealed provisions

Where a requirement of federal law refers to a provision amended or repealed by this Code, the reference shall apply to the provision of this Code which regulates the matter.

Art. 335 Cantonal Laws

Cantonal Laws

1 The cantons retain the power to legislate on police tickets that are not the subject of federal legislation.

2 They may impose penalties for breaches of administrative law and cantonal procedural law.

Title 2 ...

S. 336 To 338 1

1 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Title 3 ...

Article 339 To 348 1

1 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Title 4 Police assistance 2

S. 349 1 1. ...

1. ...


1 Repealed by c. 5 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, with effect from 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).

Art. 350 2. Collaboration with INTERPOL. /a. Jurisdiction

2. Collaboration with INTERPOL.

A. Jurisdiction 1

1 The Federal Police Office performs the tasks of a national central office within the meaning of the statutes of the International Criminal Police Organization (INTERPOL).

2 It is responsible for the exchange of information between the federal and cantonal criminal prosecution authorities on the one hand and the national central offices of other States and the General Secretariat of INTERPOL on the other.


1 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Art. 351 2. Collaboration with INTERPOL. /b. Tasks

B. Tasks 1

1 The Federal Police Office transmits criminal police information for the purpose of prosecuting offences or ensuring the execution of penalties and measures.

2 It can transmit criminal police information for the purpose of preventing offences if, in the light of concrete evidence, it is very likely that a crime or a crime will be committed.

3 It may transmit information intended to search for missing persons or to identify unknown persons.

4 In order to prevent or elucidate offences, the Federal Office of the Police may receive information from individuals or give information to individuals, if that is in the interest of the person concerned and whether the person concerned has Consent or that the circumstances allow such consent to be presumed.


1 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Art. 352 2. Collaboration with INTERPOL. /c. Data Protection

C. Data Protection 1

1 The exchange of information under the criminal police is carried out in accordance with the principles of the Act of 20 March 1981 on international mutual assistance 2 And in accordance with the statutes and regulations of INTERPOL which the Federal Council has declared applicable.

2 The Federal Law of 19 June 1992 on Data Protection 3 Regulates the exchange of information with a view to searching for missing persons and identifying unknown persons as well as those carried out for administrative purposes.

3 The Federal Police Office may transmit information directly to the national central offices of other countries if the recipient State is subject to INTERPOL's data protection requirements.


1 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
2 RS 351.1
3 RS 235.1

Art. 353 2. Collaboration with INTERPOL. /d. Financial assistance and allowances

D. Financial assistance and allowances 1

The Confederation may grant INTERPOL financial aid and allowances.


1 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Art. 354 3. Collaborating for People Identification Purposes

3. Collaborating for People Identification Purposes 1

1 The relevant department registers and lists the identifying data collected and transmitted by cantonal, federal or foreign authorities in the course of criminal proceedings or in the performance of other legal tasks. In order to identify a person sought or unknown, he compares these data with each other.

2 The following authorities can compare and process data under para. 1:

A.
Federal Department of Justice and Police calculation centre;
B.
Federal Police Office;
C.
Border posts;
D.
Cantonal police authorities.

3 Personal data relating to the identifying data referred to in para. 1 are dealt with in separate information systems, namely systems governed by the Federal Law of 13 June 2008 on the Police Information Systems of the Confederation 2 , the Federal Act of 26 June 1998 on asylum 3 And the Federal Act of 16 December 2005 on Foreigners 4 . The information system based on DNA profiles is governed by the Federal Act of 20 June 2003 on DNA profiles 5 . 6

4 The Federal Council:

A.
Rules, in particular the responsibility for the processing of data, the categories of data entered, the length of storage of such data and the collaboration with the cantons;
B.
Designates the authorities which may introduce and consult the personal data on-line and the authorities to which data may be reported on a case-by-case basis;
C.
Rules the rights of procedure of the persons concerned, in particular the consultation of their data and their rectification, archiving and destruction.

1 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
2 RS 361
3 RS 142.31
4 RS 142.20
5 RS 363
6 New content according to the c. 5 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, in force since 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).

Art. 1 4. ...

4. ...


1 Repealed by c. 5 of Annex 1 to the PMQ of 13 June 2008 on the police information systems of the Confederation, with effect from 5 Dec. 2008 ( RO 2008 4989 ; FF 2006 4819 ).

Art. A 1 5. Collaboration with Europol/a. Data Exchange

5. Working with Europol

A. Data exchange 2

1 The Federal Police Office (fedpol) and the Confederation Intelligence Service (SRC) can transmit personal data to the European Police Office (Europol), including sensitive data and personality profiles. 3

2 The transmission of such data shall be subject, inter alia, to the conditions laid down in Art. 3 and 10 to 13 of the Agreement of 24 September 2004 between the Swiss Confederation and the European Police Office 4 .

3 When transmitting data to Europol, the Federal Office of the Police shall notify Europol of its purpose and any processing restrictions to which it is itself subject by federal law or cantonal law.


1 Introduced by Art. 2 of the AF of 7 Oct. 2005 with the approval and implementation of the Ac. Between Switzerland and the European Police Office, in force since 1 Er April 2006 ( RO 2006 1017 ; FF 2005 895 ).
2 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
3 New content according to the c. I 3 of O of 4 Dec. 2009 concerning the adaptation of disp. Legal as a result of the creation of the Federal Intelligence Service, in force since 1 Er Jan 2010 ( RO 2009 6921 ).
4 RS 0.362.2

Art. B 1 5. Collaboration with Europol/b. Extending the mandate

B. Extending the mandate 2

The Federal Council is hereby authorised to agree to a change in the scope of the mandate with Europol, within the framework of Art. 3, para. 3, of the Agreement of 24 September 2004 between the Swiss Confederation and the European Police Office 3 .


1 Introduced by Art. 2 of the AF of 7 Oct. 2005 with the approval and implementation of the Ac. Between Switzerland and the European Police Office, in force since 1 Er April 2006 ( RO 2006 1017 ; FF 2005 895 ).
2 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
3 RS 0.362.2

Art. C 1 5 Bis Cooperation in the framework of the association agreements with Schengen. /Applicable law.

5 Bis Cooperation in the framework of the association agreements with Schengen.

Applicable law.

Federal and cantonal police agencies apply the provisions of the association agreements in Schengen 2 In accordance with national legislation.


1 Introduced by Art. 3 ch. 4 of the AF of 17 Dec. 2004 (Ac. Bilateral association with the Schengen Area and the Dublin Area), in force since 1 Er June 2008 ( RO 2008 447 ; FF 2004 5593 ).
2 Ac. 26 Oct. 2004 between Switzerland, the EU and the EC on the association of Switzerland with the implementation, application and development of the Schengen acquis (RS 0.362.31 ); Ac. Of 28 April 2005 between Switzerland and Denmark on the creation of rights and obligations between these states in the field of Schengen cooperation (RS 0.362.33 ); Ac. Of 17 Dec. 2004 between Switzerland, Iceland and Norway on the implementation, application and development of the Schengen acquis and on the criteria and mechanisms for determining the State responsible for examining an application for asylum In Switzerland, Iceland or Norway (RS 0.362.32 ); Prot. Of 28 February 2008 between Switzerland, the EU, the EC and Liechtenstein on the accession of Liechtenstein to the Ac. Between Switzerland, the EU and the EC on the association of Switzerland with the implementation, application and development of the Schengen (RS 0.362.311 ).

Art. D 1 5 Ter ...

5 Ter ...


1 Introduced by Art. 3 ch. 4 of the AF of 17 Dec. 2004 approving and implementing the bilateral association agreements with the Schengen Area and the Dublin Area ( RO 2008 447 ; FF 2004 5593 ). Repealed by c. II of Annex 2 to the PMQ of 13 June 2008 on the police information systems of the Confederation, with effect from 5 Dec. 2008 (RO 2008 4989; FF 2006 4819).

Art. E 1 5 Cc . Bureau SIRENE

5 Cc . Bureau SIRENE

1 The Federal Police Office manages a centralized service (SIRENE office) 2 ) Responsible for N-SIS.

2 The SIRENE office is the contact, coordination and consultation authority for the exchange of information in relation to the alerts contained in the SIS. It monitors the formal admissibility of national and foreign alerts in the SIS.


1 Introduced by Art. 3 ch. 4 of the AF of 17 Dec. 2004 on the approval and implementation of the bilateral association agreements with the Schengen Area and the Dublin Area, in force since 1 Er June 2008 ( RO 2008 447 ; FF 2004 5593 ).
2 Supplementary Information Request at the National Entry (Supplement of information required for national entry).

Art. F 1 5 D Judicial cooperation in the framework of the association agreements with Schengen: communication of personal data/a. To a third country or an international body

5 D Judicial cooperation in the framework of the association agreements with Schengen: communication of personal data

A. A third country or an international body

1 Personal data transmitted or made available by a State bound by one of the association agreements in Schengen 2 (Schengen State) may be communicated to the competent authority of a third country or to an international body only under the following conditions:

A.
Communication is necessary to prevent, record or prosecute an offence or to execute a criminal decision;
B.
The addressee is competent to prevent, declare or prosecute an offence or to execute a criminal decision;
C.
The Schengen State which has transmitted or made available the personal data has given its prior consent;
D.
The third-party state or the international body provides an adequate level of data protection.

2 In derogation from para. 1, let. C, personal data may be provided if, in the present case, the following conditions are met:

A.
The prior agreement of the Schengen State cannot be obtained in due time;
B.
Communication is essential to prevent an immediate and serious danger to the public security of a Schengen state or a third country or to protect the essential interests of a Schengen state.

3 The competent authority shall without delay inform the Schengen State which has transmitted or made available the personal data of communications made under para. 2.

4 In derogation from para. 1, let. D, personal data may be disclosed in the following cases:

A.
The communication is necessary to safeguard the overriding protection interests of the person concerned or of a third party;
B.
Overriding public interest in the application;
C.
Sufficient safeguards ensure an adequate level of data protection.

1 Introduced by ch. 4 of the LF of 19 March 2010 implementing Framework Decision 2008 /977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).
2 The Ac. Association with Schengen include the Ac. Following: a. Ac. 26 Oct. 2004 between Switzerland, the EU and the EC on the association of Switzerland with the implementation, application and development of the Schengen acquis (RS 0.362.31 ); b. Ac. 26 Oct. 2004 in the form of an exchange of letters between the Council of the EU and Switzerland concerning Committees which assist the European Commission in the exercise of its executive powers (RS 0.362.1 ); c. Dec. 17 Dec. 2004 between Switzerland, Iceland and Norway on the implementation, application and development of the Schengen acquis and on the criteria and mechanisms for determining the State responsible for examining an application for asylum In Switzerland, Iceland or Norway (RS 0.362.32 ); d. Ac. Of 28 April 2005 between Switzerland and Denmark on the implementation, application and development of the parts of the Schengen acquis based on the disp. Title IV of the EC Treaty (RS 0.362.33 ); e. Prot. Of 28 February 2008 between the EU, the EC, Switzerland and Liechtenstein on the accession of Liechtenstein to the Ac. Between Switzerland, the EU and the EC on the association of Switzerland with the implementation, application and development of the Schengen (RS 0.362.311 ).

Art. G 1 5 D Judicial cooperation in the framework of the association agreements with Schengen: communication of personal data/b. To a natural or legal person

B. A natural or legal person

1 Personal data transmitted or made available by a Schengen State may, in the present case, be communicated to a natural or legal person in a Schengen state only under the following conditions:

A.
The special legislation or an international treaty provides for it;
B.
The Schengen State which has transmitted or made available the personal data has given its prior consent;
C.
There is no overriding interest in protecting the person concerned with the communication;
D.
Communication is essential:
1.
The performance of a legal task of the natural or legal person,
2.
The prevention, recognition or prosecution of an offence or the execution of a criminal decision,
3.
Prevention of an immediate and serious danger to public safety,
4.
To prevent a serious infringement of the rights of a third party.

2 The competent authority shall communicate the data to the natural or legal person with the express prohibition of using them for purposes other than those laid down by the authority.


1 Introduced by ch. 4 of the PMQ of 19 March 2010 implementing Framework Decision 2008 /977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Er Dec. 2010 ( RO 2010 3387 3418; FF 2009 6091 ).

Art. 356 To 361 1

1 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).

Article 362 1 6. Pornography Advisory

6. Pornography Advisory

Where an investigating authority finds that pornographic objects (art. 197, para. 4) have been manufactured in the territory of a foreign state or have been imported, it shall immediately inform the central service established by the Confederation for the suppression of pornography.


1 New content according to the c. I of the Annex to the AF of 27. 2013 (Conv. De Lanzarote), in force since 1 Er Jul. 2014 ( RO 2014 1159 ; FF 2012 7051 ).

Title 5 Opinion on offences committed against minors

Article 363 1

1 Repealed by c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, with effect from 1 Er Jan 2011 ( RO 2010 1881 ; BBl 2006 1057). Rectified by the Ass CoR. Fed. 20 Feb 2013 (RO 2013 845).

Article 364 1 Right to notify

Right to notify

When it is in the interests of minors, persons who are bound by professional secrecy or duty secrecy (art. 320 and 321) may notify the child protection authority of the offences committed against them.


1 New content according to the c. 14 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).

Title 6 Criminal record

Art. Purpose

Purpose

1 The Federal Office of Justice manages, in cooperation with other federal authorities and the cantons (art. 367, para. 1), a computerized criminal record containing sensitive data and personality profiles relating to convictions, as well as sensitive data and personality profiles relating to requests for criminal record extracts Filed in the course of ongoing criminal investigations. These two types of data are dealt with separately in the computerized criminal record.

2 The locker serves the federal and cantonal authorities in carrying out the following tasks: 1

A.
Conduct of criminal proceedings;
B.
International legal assistance and extradition procedures;
C.
Enforcement of sentences and measures;
D.
Civilian and military security controls;
E.
Taking and lifting of removal measures against foreigners under the Federal Act of 26 March 1931 on the residence and establishment of aliens 2 Other measures of administrative or judicial expulsion;
F.
Appreciation of the applicant's indignity on grounds of reprehensible acts, as defined in the Asylum Act of 26 June 1998 3 ;
G.
Naturalization procedure;
H.
Issuing and withdrawing driver's licence and driver's licence pursuant to the Federal Act of 19 December 1958 on Road Traffic 4 ;
I.
Implementation of consular protection;
J.
Statistical work within the meaning of the Federal Statistics Act of October 9, 1992 5 ;
K. 6
Taking and lifting measures under the protection of the child or the adult.
L. 7
Exclusion of civil service under the Federal Act of 6 October 1995 on civil service 8 ;
M. 9
Aptitude for certain assignments under the Civil Service Act of 6 October 1995;
N. 10
Decision on non-recruitment or admission to recruitment, decision on the exclusion of the army or reinstatement in the army and decision of deterioration within the meaning of the Federal Act of 3 February 1995 on the military and military administration (LAAM) 11 ;
O. 12
Determination of fitness for promotion or appointment in the military within the meaning of the LAAM;
P. 13
Examination of the grounds preventing the surrender of a personal weapon within the meaning of the LAAM;
Q. 14
Decision to exclude civil protection service within the meaning of the Federal Act of 4 October 2002 on the protection of the population and on civil protection 15 .

1 New content according to the c. 14 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).
2 [RS 1 113; RO 1949 225, 1987 1665, 1988 332, 1990 1587 art. 3 para. 2, 1991 362 ch. II 11 1034 ch. III, 1995 146, 1999 1111 2253 2262 Annex, c. 1, 2000 1891 c. IV 2, 2002 685 hp. I 1,701 ch. I 1 3988 annex, c. 3, 2003 4557 Annex, c. II 2, 2004 1633 hp. I 1 4655 ch. I 1, 2005 5685 Annex, c. 2, 2006 979 art. 2 hp. 1 1931 art. 18 hp. 1 2197 Annex c. 3 3459 Annex, c. 1 4745 Annex, c. 1, 2007 359 Annex c. 1. RO 2007 5437 Annex, c. I]. See currently the PMQ of Dec 16. 2005 on Foreigners (RS 142.20 ).
3 RS 142.31
4 RS 741.01
5 RS 431.01
6 New content according to the c. 14 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ).
7 Introduced by c. II 1 of the 3 Oct LF. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
8 RS 824.0
9 Introduced by c. II 1 of the 3 Oct LF. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
10 Introduced by c. 1 of the annex to the PMQ of 3 Oct. 2008 on the military information systems, in force since 1 Er Jan 2010 ( RO 2009 6617 ; FF 2008 2841 ).
11 RS 510.10
12 Introduced by c. 1 of the annex to the PMQ of 3 Oct. 2008 on the military information systems, in force since 1 Er Jan 2010 ( RO 2009 6617 ; FF 2008 2841 ).
13 Introduced by c. 1 of the annex to the PMQ of 3 Oct. 2008 on the military information systems, in force since 1 Er Jan 2010 ( RO 2009 6617 ; FF 2008 2841 ).
14 Introduced by c. 1 of the annex to the PMQ of 3 Oct. 2008 on the military information systems, in force since 1 Er Jan 2010 ( RO 2009 6617 ; FF 2008 2841 ).
15 RS 520.1

Art. 366 Content

Content

1 Persons convicted on the territory of the Confederation, as well as Swiss convicted abroad, are mentioned in the criminal record.

2 Are registered in the criminal record:

A.
Judgments for crime or crime, provided that a sentence or measure has been imposed;
B.
Judgments given for contraventions of this Code or other federal legislation designated in an order of the Federal Council;
C.
Communications from outside Canada that relate to judgments delivered outside Canada and give rise to registration under this Code;
D.
Facts that result in a change in the entries in the record.

3 Judgments concerning minors who have committed a crime or a crime shall be entered in the criminal record where one of the following penalties or measures has been imposed:

A.
Deprivation of liberty (art. 25 DPMin 1 );
B.
Placement (art. 15 DPMin);
C.
Ambulatory treatment (art. 14 DPMin);
D.
A prohibition on carrying on an activity, a prohibition of contact or a geographical prohibition (art. 16 A DPMin). 2

3bis Judgments concerning minors who have committed a ticket are entered in the criminal record when a prohibition on carrying on an activity, a prohibition of contact or a geographical prohibition (art. 16 A DPMin) was pronounced. 3

4 Also mentioned in the criminal record are persons against whom a criminal procedure for crime or crime is pending in Switzerland. 4


1 RS 311.1
2 Introduced by Art. 44 hp. 1 of the juvenile criminal law of 20 June 2003 ( RO 2006 3545 ; FF 1999 1787 ). New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 (RO) 2014 2055; FF 2012 8151).
3 Introduced by ch. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
4 Formerly al. 3.

Art. 367 Data processing and consultation

Data processing and consultation

1 Personal data relating to judgments referred to in s. 366, para. 1 to 3 are processed by the following authorities: 1

A.
The Federal Office of Justice;
B.
Criminal prosecution authorities;
C.
The military justice authorities;
D.
The enforcement authorities;
E
Cantonal coordination services.

2 Personal data relating to judgments referred to in s. 366, para. 1, 2 and 3, let. A and b can be consulted online by the following authorities: 2

A.
The authorities listed in para. 1;
B.
The Public Prosecutor's Office;
C.
The Federal Police Office, in the context of judicial police investigations;
D.
The Personnel Group of the Arena;
E. 3 The State Secretariat for Migration 4 ;
F. 5
...
G.
Cantonal police authorities of foreigners;
H.
The cantonal authorities responsible for road traffic;
I.
Federal authorities that carry out security checks in respect of persons subject to s. 2, para. 4, let. C, of the Federal Act of 21 March 1997 establishing measures for the maintenance of internal security 6 ;
J. 7 The implementing body for the civil service;
K. 8
Cantonal services responsible for the exclusion of the civil protection service;
L. 9
The Witness Protection Service, under the Federal Act of 23 December 2011 on the extra-procedural protection of witnesses 10 , to perform its tasks.

2bis Personal data relating to judgments referred to in s. 366, para. 3, let. C, may also be consulted online by the following authorities:

A.
The armed forces' general staff, for decisions on non-recruitment or admission to recruitment, decisions on exclusion of the army or reintegration into the army and decisions on degradation within the meaning of LAAM 11 For the examination of the grounds preventing the surrender of a personal weapon within the meaning of LAAM and the determination of the suitability for promotion or appointment in the military within the meaning of the LAAM;
B.
Federal authorities that carry out security checks in respect of persons subject to s. 2, para. 4, let. C, of the Federal Act of 21 March 1997 establishing measures for the maintenance of internal security 12 ;
C.
Criminal prosecution authorities, for the conduct of criminal proceedings (art. 365, para. 2, let. (a);
D.
The coordination services of the cantons and the Federal Office of Justice, in order to carry out their legal duties in connection with the maintenance of the register;
E.
The enforcement authorities for the execution of sentences and measures (art. 365, para. 2, let. (c). 13

2ter The Federal Service responsible for the criminal record shall immediately communicate to the Army General Staff, in order to pursue the aims set out in Art. 365, para. 2, let. N at:

A.
Convictions for crimes or offences;
B.
Measures resulting in deprivation of liberty;
C.
Decisions relating to the failure of the test against conscripts or members of the military. 14

2c The service responsible for the criminal record shall communicate the identity of Swiss nationals over 17 years of age registered in criminal records according to para. 2 Ter . If the State Military Staff determines that the person concerned is a conscript or a member of the military, the responsible service shall transmit the data relating to the sentences handed down. 15

2quinquies The communication and the finding referred to in para. 2 Cc Can be performed by an interface between SIPA and the criminal record. 16

2sexies The Federal Office of Sport may, on written request, consult the personal data relating to convictions in order to examine the reputation of a person before giving it or withdrawing a certificate of framework "Youth and Sport". 17

3 The Federal Council may, if the number of requests for information warrants, and after consultation with the Federal Data Protection and Transparency Plan 18 , extend the right of access referred to in para. 2 to other judicial and administrative authorities of the Confederation and the cantons until the entry into force of a federal law.

4 Personal data concerning requests for criminal records from criminal investigations in progress can only be processed by the authorities listed in para. 2, let. A to e and l. 19

4bis The authority referred to in para. 2, let. J, may request in writing, with the consent of the person concerned, to consult the personal data of the person concerned with respect to criminal investigations in progress in order to carry out the task referred to in Art. 365, para. 2, let. M. 20

4ter The Federal Office of Sport may consult, upon written request, personal data concerning criminal investigations under way in order to examine the reputation of a person before awarding him a certificate of framework "Youth and Sport" or Suspend. 21

5 Each canton designates a coordination service for the processing of data recorded in the criminal record.

6 The Federal Council shall lay down the arrangements, in particular as regards:

A.
Responsibility for data processing;
B.
The categories of data entered and their shelf life;
C.
Collaboration with the authorities concerned;
D.
Coordination services tasks;
E.
The right to information and other procedural rights for the protection of the persons concerned;
F.
Data security;
G.
The authorities who may disclose personal data in writing, those who may enter data in the locker, those who may consult the locker and those to whom personal data may be disclosed on a case-by-case basis;
H.
Electronic transmission of data to the Federal Statistical Office.

1 New content according to the c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 ( RO 2010 6015 , 2011 487; FF 2009 5331 ).
2 New content according to the c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 ( RO 2010 6015 , 2011 487; FF 2009 5331 ).
3 New content according to the c. I 3 of O of 3 Nov 2004 on the adaptation of disp. Legal following the meeting of the Federal Offices IMES and ODR, in force since 1 Er Jan 2005 ( RO 2004 4655 ).
4 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
5 Repealed by c. I 3 of O of 3 Nov 2004 on the adaptation of disp. Legal following the meeting of the Federal Offices IMES and ODR, with effect from 1 Er Jan 2005 ( RO 2004 4655 ).
6 RS 120
7 Introduced by c. II of the PMQ of 21 March 2003, in force since 1 Er Jan 2004 ( RO 2003 4843 ; FF 2001 5819 ).
8 Introduced by c. 1 of the annex to the PMQ of 3 Oct. 2008 on the military information systems, in force since 1 Er Jan 2010 ( RO 2009 6617 ; FF 2008 2841 ).
9 Introduced by c. 3 of the annex to the LF of 23 Dec. 2011 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6715 ; FF 2011 1 ).
10 RS 312.2
11 RS 510.10
12 RS 120
13 Introduced by ch. 1 of the annex to the PMQ of 3 Oct. 2008 on Army information systems ( RO 2009 6617 ; FF 2008 2841 ). New content according to the c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 (RO 2010 6015, 2011 487; FF 2009 5331).
14 Introduced by ch. 1 of the annex to the PMQ of 3 Oct. 2008 on Army information systems ( RO 2009 6617 ; FF 2008 2841 ). New content according to the c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 (RO 2010 6015, 2011 487; FF 2009 5331).
15 Introduced by ch. 1 of the annex to the PMQ of 3 Oct. 2008 on Army information systems ( RO 2009 6617 ; FF 2008 2841 ). New content according to the c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 (RO 2010 6015, 2011 487; FF 2009 5331).
16 Introduced by ch. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2011 ( RO 2010 6015 ; FF 2009 5331 ).
17 Introduced by Art. 34 ch. 1 and 36 of the PMQ of 17 June 2011 on the encouragement of sport and physical activity, in force since 1 Er Oct. 2012 ( RO 2012 3953 ; FF 2009 7401 ).
18 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
19 New content according to the c. 3 of the annex to the LF of 23 Dec. 2011 on the extra-procedural protection of witnesses, in force since 1 Er Jan 2013 ( RO 2012 6715 ; FF 2011 1 ).
20 Introduced by ch. II 1 of the 3 Oct LF. 2008, effective from 1 Er April 2009 ( RO 2009 1093 ; FF 2008 2379 ).
21 Introduced by Art. 34 ch. 1 of the PMQ of 17 June 2011 on the encouragement of sport and physical activity, in force since 1 Er Oct. 2012 ( RO 2012 3953 ; FF 2009 7401 ).

Art. 368 Disclosure of facts giving rise to registration

Disclosure of facts giving rise to registration

The competent federal authority may communicate to the State of which the convicted person is a national of the entries in the criminal record.

Art. 369 Elimination of registration

Elimination of registration

1 Judgments that render a custodial sentence shall be disposed of ex officio once the sentence of the judgment has expired: 1

A.
20 years in case of deprivation of liberty for at least five years;
B.
15 years in the case of a custodial sentence of one year or more, but less than five years;
C.
Ten years in the case of custodial sentences of less than one year;
D. 2
10 years in case of deprivation of liberty under s. 25 DPMin 3 .

2 The time limits set out in para. 1 are increased by the duration of a custodial sentence already registered.

3 Judgments which impose a custodial sentence, a suspended deprivation of liberty, a pecuniary penalty, a work of general interest or a fine as a principal sentence shall be disposed of ex officio after ten years. 4

4 Judgments that issue an institutional measure accompanying a sentence, or exclusively an institutional measure, are eliminated ex officio:

A.
After fifteen years in the case of an action ordered under s. 59 to 61 and 64;
B.
After 10 years in the case of a closed institution within the meaning of s. 15, para. 2, DPMin;
C. 5
After seven years in the case of an open establishment or an individual under s. 15, para. 1, DPMin. 6

4bis Judgments that exclusively provide ambulatory treatment within the meaning of s. 63 are eliminated ex officio after ten years. Judgments that provide ambulatory treatment within the meaning of s. 14 DPMin are eliminated ex officio after five years, if paras. 1 to 4 do not apply to the calculation of the time limit. 7

4ter Judgments that exclusively determine a measure within the meaning of s. 66, para. 1, 67, para. 1, and 67 E Of this Code or 48, 50, par. 1, and 50 E CPM 8 Are eliminated ex officio after ten years. 9

5 The time limits set out in para. 4 are increased by the length of the sentence balance.

6 The short time limit:

A.
From the day on which the judgment is enforceable, for the judgments referred to in s. 1, 3, and 4 Ter ;
B.
From the day of the lifting of the measure or the final discharge of the person concerned, in respect of the judgments referred to in para. 4 and 4 Bis . 10

7 Registration must not be reconstituted after its elimination. The judgment eliminated can no longer be opposed to the person concerned.

8 The entries in the criminal record are not archived.


1 New content according to Art. 44 hp. 1 of the juvenile criminal law of 20 June 2003, in force since 1 Er Jan 2007 ( RO 2006 3545 ; FF 1999 1787 ).
2 Introduced by Art. 44 hp. 1 of the juvenile criminal law of 20 June 2003, in force since 1 Er Jan 2007 ( RO 2006 3545 ; FF 1999 1787 ).
3 RS 311.1
4 New content according to the c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 ( RO 2010 6015 , 2011 487; FF 2009 5331 ).
5 Introduced by c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 ( RO 2010 6015 , 2011 487; FF 2009 5331 ).
6 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 3544; FF 2005 4425 ).
7 Introduced by ch. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record, RO 2006 3539 ; FF 2005 4425 ). New content according to the c. 2 of the Annex to the PMQ of 19 March 2010, in force since 1 Er Jan 2013 (RO 2010 6015, 2011 487; FF 2009 5331).
8 RS 321.0
9 Introduced by ch. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record, RO 2006 3539 ; FF 2005 4425 ). New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 (RO) 2014 2055; FF 2012 8151).
10 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Art. 369 A 1 Elimination of judgments imposing a prohibition on carrying on an activity, a contact ban or a geographical prohibition

Elimination of judgments imposing a prohibition on carrying on an activity, a contact ban or a geographical prohibition

Judgments in which a prohibition within the meaning of s. 67, para. 2, 3, or 4, and 67 B Of this Code, of s. 50, para. 2, 3, or 4, and 50 B CPM 2 Or art. 16 A DPMin 3 Are eliminated ten years after the end of the ban. If the time limits under s. 369 are longer, they are applied.


1 Introduced by ch. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
2 RS 321.0
3 RS 311.1

S. 370 Right of consultation

Right of consultation

1 Any person has the right to consult in its entirety the registration which concerns him.

2 No copy may be issued.

Art. 371 Extract from criminal record for individuals

Extract from criminal record for individuals 1

1 Anyone can ask the Swiss criminal record for an excerpt from their criminal record. Judgments for crimes and offences are mentioned, as well as judgments for offences in which a prohibition on carrying on an activity, a prohibition of contact or a geographical prohibition within the meaning of s. 67 or 67 B Of this Code, of Art. 50 or 50 B CPM 2 Or art. 16 A DPMin 3 . 4

2 Judgments concerning minors are mentioned in the extract of the criminal record only if the minor has been convicted as an adult because of other offences which must be included.

3 The sentence of a sentence no longer appears on the extract of the criminal record when two-thirds of the determining period for the elimination of the registration under s. 369 are gone.

3bis A judgment giving a suspended or partial conditional sentence no longer appears in the extract from the criminal record when the convicted person has been successfully tested. 5

4 The judgment that pronounces either a measure accompanying a sentence or an exclusive measure is no longer included on the extract of the criminal record when half of the determining period for the elimination of the registration under s. 369 has passed.

5 After the expiry of the time limits referred to in paras. 3 and 4, the judgment remains on the extract of the criminal record if that extract contains another judgment for which the time limit has not yet expired.


1 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
2 RS 321.0
3 RS 311.1
4 New content according to the c. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
5 Introduced by ch. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).

Art. 371 A 1 Special extract from criminal record for individuals

Special extract from criminal record for individuals

1 Any person applying to a professional activity or to an organised non-professional activity involving regular contact with minors or other particularly vulnerable persons or who carries out such activity may request A special extract from his criminal record.

2 The applicant must attach to the application a written confirmation from the employer or organization that requires the production of a special extract from the criminal record, confirming that:

A.
That it applies to an activity within the meaning of s. 1 or the exercise;
B.
Must produce the special extract for the exercise or continuation of the activity concerned.

3 The special excerpt reads as follows:

A.
Judgments in which a prohibition on carrying on an activity within the meaning of s. 67, para. 2, 3 or 4, of this Code or of Art. 50, para. 2, 3 or 4, CPM 2 ;
B.
Judgments in which a prohibition of contact or a geographical prohibition in the sense of art is pronounced. 67 B Of this Code or of Art. 50 B CPM to protect minors and other particularly vulnerable persons;
C.
Judgments against minors in which a prohibition on carrying on an activity within the meaning of s. 16 A , para. 1, DPMin 3 Or a prohibition of contact or a geographical prohibition within the meaning of s. 16 A , para. 2, DPMin, aimed at protecting minors and other particularly vulnerable persons.

4 A judgment in which a prohibition within the meaning of para. 3 is included in the special extract as long as the prohibition has effect.


1 Introduced by ch. I 1 of the 13 Dec LF. 2013 on the prohibition of carrying on an activity, the prohibition of contact and the geographical prohibition, in force since 1 Er Jan 2015 ( RO 2014 2055 ; FF 2012 8151 ).
2 RS 321.0
3 RS 311.1

Title 7 Execution of Sentences and Measures, Probation Assistance, Institutions

Art. 372 1. Obligation to execute sentences and measures

1. Obligation to execute sentences and measures

1 The cantons shall execute judgments rendered by their criminal courts under this Code. They are obliged, against the reimbursement of costs, to execute the judgments given by the criminal authorities of the Confederation.

2 Decisions made in criminal matters by the police authority or any other competent authority, as well as the orders of the charging authorities, shall be treated as judgments.

3 The cantons guarantee the uniform execution of sanctions. 1


1 Introduced by ch. II 2 of the 6 Oct LF. 2006 (reform of fiscal equalization), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

Article 373 2. Penalties, fines, fees and forfeitures. /Execution

2. Penalties, fines, fees and forfeitures.

Executing

Once in force, any decision made under federal or cantonal criminal law is enforceable throughout Switzerland in respect of pecuniary penalties, fines, costs and forfeitures.

Art. 374 2. Penalties, fines, fees and forfeitures. /Product assignment

Product Attribution

1 The proceeds of monetary penalties, fines and forfeitures imposed under this Code belong to the cantons.

2 In cases decided by the Court of Criminal Cases, this product belongs to the Confederation.

3 The allowance granted to the injured person under s. 73 is reserved.

4 The provisions of the Federal Act of 19 March 2004 on the sharing of confiscated heritage values 1 Are reserved. 2


1 RS 312.4
2 Introduced by ch. 1 of the Annex to the PMQ of 19 March 2004 on the sharing of confiscated heritage values, in force since 1 Er August 2004 ( RO 2004 3503 ; FF 2002 423 ).

Art. 375 3. Work of general interest

3. Work of general interest

1 The work of general interest shall be carried out by the cantons.

2 The competent authority shall determine the nature and form of the work of general interest to be carried out.

3 In the course of carrying out a work of general interest, the maximum number of hours fixed by the law may be exceeded. The provisions on occupational safety and health protection are applicable.

Art. 376 4. Probation Assistance

4. Probation Assistance

1 The cantons organise the probation assistance. They can entrust this task to private associations.

2 Probation assistance is generally the responsibility of the canton in which the person in charge has his or her home.

Art. 377 5. Enforcement of penalties and measures. /Obligation of the cantons to create and exploit them

5. Enforcement of penalties and measures.

Obligation of the cantons to create and exploit them

1 The cantons create and operate establishments and sections of establishments necessary for the execution of sentences in open and closed environments and for the reception of prisoners in semi-detention or working outside.

2 They may also provide separate sections for certain groups of inmates, including:

A.
For women;
B.
For inmates of specified age classes;
C.
For inmates with very long or very short sentences;
D.
For inmates who require special care or treatment or who receive training or development.

3 They shall also create and operate the establishments provided for in this Code for the execution of the measures.

4 They shall ensure that the regulations and the operation of the institutions for the execution of penalties and measures are in conformity with this Code.

5 They promote staff training and development.

Article 378 5. Enforcement of penalties and measures. /Intercantonal Collaboration

Intercantonal Collaboration

1 The cantons may conclude agreements on the creation and joint operation of institutions for the execution of penalties and measures or to ensure the right to use establishments of other cantons.

2 The cantons shall inform each other about the particularities of their institutions, in particular the possibilities for the care, treatment and work they offer; they cooperate in the distribution of prisoners.

Art. 379 5. Enforcement of penalties and measures. /Private institutions

Private institutions

1 The cantons may entrust to institutions operated by private operators the execution of sentences in the form of semi-remand or external work as well as of the measures referred to in Art. 59 to 61 and 63.

2 These establishments are under the supervision of the cantons.

Art. 380 5. Enforcement of penalties and measures. /Fees

Fees

1 The costs of carrying out sentences and measures shall be borne by the cantons.

2 The sentenced person shall be required to participate in the costs of the execution to an appropriate extent:

A.
By compensating them with work benefits in the execution of sentences and measures;
B.
In proportion to his or her income and fortune, if he refuses to carry out the work assigned to him, even though he satisfies the requirements of the art. 81 or 90, para. 3;
C.
By allocating part of the gain that it carries out by an activity in the context of semi-detention, external labour or work and external housing.

3 The cantons shall lay down provisions in order to specify the conditions for the participation of the convicted person at the expense.

Heading 7 A 3 Responsibility for the lifting of the internment for life

Art. 380 A

1 When an authority decides to lift an ordered life sentence against a person or to release a person for life on parole and that person is re-committing any of the crimes referred to in s. 64, para. 1 Bis , the public authority for which the authority is responsible is responding to the resulting injury.

2 The provisions of the Code of Obligations 1 On unlawful acts shall apply to the action against the perpetrator of the crime and to the limitation of the action for damages or compensation for moral damage.

3 The proceedings against the members of the authority shall be governed by the cantonal law or by the law of 14 March 1958 on liability 2 .


Title 8 pardon, amnesty, revision

Article 381 1. Grace/Competence

1. Thanks

Jurisdiction

For judgments given under this or any other Act of Parliament, the right of pardon shall be exercised:

A.
By the Federal Assembly, in cases decided by the Court of Criminal Affairs or a federal administrative authority;
B.
By the competent authority of the canton, in cases decided by the cantonal authorities.
Art. 382 1. Grace/Redress

Remedies

1 The appeal may be lodged by the convicted person, by his or her legal representative and, with the consent of the convicted person, by his or her legal counsel, by his or her spouse or registered partner. 1

2 In addition, the Federal Council or the cantonal government may, in the case of political crimes and related offences with a political crime or crime, open a procedure by grace.

3 The authority exercising the right of grace may decide that a rejected appeal may not be renewed before the expiry of a specified period.


1 New content according to the c. 18 of the annex to the PMQ of 18 June 2004 on the partnership, in force since 1 Er Jan 2007 ( RO 2005 5685 ; FF 2003 1192 ).

S. 383 1. Grace/Effect

Effect

1 By the effect of grace, all sentences handed down by a judgment in force can be handed down, totally or partially, or commuted to milder punishments.

2 The extent of grace is determined by the act which grants it.

S. 384 2. Amnesty

2. Amnesty

1 The Federal Assembly may grant amnesty in criminal cases to which this Code or any other Act of Parliament applies.

2 The amnesty excludes the prosecution of certain offences or categories of authors and results in the remission of the corresponding penalties.

Art. 385 3. Review

3. Review

The cantons are obliged to provide for an appeal for review in favour of the convicted person against judgments given under this Code or any other federal law, when there are serious facts or means of evidence which the judge had not known In the first trial have been invoked.

Title 9 Preventive measures, supplementary provisions and general transitional provisions

Art. 386 1 1. Preventive Measures

1. Preventive Measures

1 The Confederation can take information and education measures or other measures to prevent crime and prevent delinquency.

2 It can support projects aimed at the goal mentioned in para. 1.

3 It may engage with organizations that implement measures provided for in para. 1 and support or create such organizations.

4 The Federal Council shall adopt the content, objectives and modalities of preventive measures.


1 Effective From 1 Er Jan. 2006 according to the O of 2 Dec. 2005 ( RO 2005 5723 ).

Art. 387 2. Additional provisions enacted by the Federal Council

2. Additional provisions enacted by the Federal Council

1 After consultation with the cantons, the Federal Council may make provisions concerning:

A.
The execution of combined sentences and additional penalties, as well as simultaneous sentences and measures;
B.
The transfer of the execution of sentences and measures to another canton;
C.
The execution of sentences and measures against sick, disabled or elderly persons;
D.
Enforcement, in accordance with the conditions laid down in Art. 80, penalties and measures against women;
E.
The remuneration of the work of the inmate referred to in s. 83.

1bis The Federal Council lays down the provisions relating to the Committee on the Prosecution of the Opportunities to Treat Life-Related Persons (Art. 64 C , para. 1), including the appointment of members and their remuneration, as well as the procedure and organization. 1

2 The Federal Council may issue special provisions on the separation of the institutions of the canton of Ticino on the proposal of the competent cantonal authority.

3 It may provide that data removed from the criminal record may be kept for research purposes if the protection of the personality is guaranteed and the principles of data protection are respected.

4 It may, on a trial basis and for a specified period:

A.
Introducing or authorising new penalties or measures and new forms of enforcement, as well as amending the scope of existing sanctions and forms of enforcement;
B.
To provide or authorize the delegation of the enforcement of custodial sentences to institutions operated by private operators who meet the requirements of this Code in respect of the enforcement of sentences (art. 74 to 85, 91 and 92); these establishments are under the supervision of the cantons.

5 Cantonal enforcement provisions relating to the testing of new sanctions and new forms of enforcement of sentences and measures and the enforcement of sentences in institutions operated by private operators (para. 4) are valid only if they have been approved by the Confederation.


1 Introduced by ch. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).

Art. 388 3. General transitional provisions. /Enforcement of previous judgments

3. General transitional provisions.

Enforcement of previous judgments

1 Judgments given under the old right shall be made according to the former right. The exceptions provided for in paras. 2 and 3.

2 If the new right does not override the act for which the conviction has been handed down, the sentence or action taken under the old right is no longer enforced.

3 The provisions of the new law relating to the enforcement of sentences and measures and the rights and obligations of the prisoner also apply to those convicted under the former right.

Art. 389 3. General transitional provisions. /Prescription

Limitation period

1 Except as otherwise provided by law, the provisions of the new law relating to the limitation of criminal proceedings and penalties shall also apply to the authors of acts committed or tried before the entry into force of the new right if they Are more favorable than those of the old right.

2 Account shall be taken of the time during which the limitation period ran before the entry into force of the new right.

Art. 390 3. General transitional provisions. /Infringement of complaint

United Offences on Complaint

1 For offences punished only on complaint, the time limit for lodging a complaint is based on the law in force at the time of the infringement.

2 Where an offence for which the former right prescribes prosecution may be punished only upon complaint under the new law, the time limit for lodging a complaint shall be from the date of entry into force of that right. If the prosecution was already committed on that date, it is only continued on a complaint basis.

3 Where the new right prescribes prosecution for an offence which could only be punishable on the basis of a complaint under the old right, the offence committed before the entry into force of the new right shall be punished only upon complaint.

Art. 4. Cantonal application provisions

4. Cantonal application provisions

The cantons shall notify the Confederation of the laws implementing this Code.

Article 392 5. Entry into force of this Code 5. Entry into force of this Code

5. Coming into force of this Code

This Code shall enter into force on 1 Er January 1942.



1 New content according to the c. III of the LF of 13 Dec. 2002, effective from 1 Er Jan 2007 ( RO 2006 3459 ; FF 1999 1787 ).
2 New content according to the c. II 8 of Annex 1 to the PPC of 5 Oct. 2007, effective from 1 Er Jan 2011 ( RO 2010 1881 ; FF 2006 1057 ).
3 Introduced by ch. I of the LQ of 21 Dec. 2007 (extremely dangerous offender lifetime), effective from 1 Er August 2008 ( RO 2008 2961 ; FF 2006 869 ).

Final Provisions of the Amendment of March 18, 1971 1


1 LF of 18 March 1971, in force since 1 Er Jul. 1971 (RO 1971 777; FF 1965 I 569) and, for art. 49 hp. 4. 2, 82 to 99, 370, 372, 373, 379 c. 1 para. 2, 385 and 391, since 1 Er Jan 1974 (RO) 1973 1840). Repealed by c. IV of the LQ of 13 Dec. 2002, with effect from 1 Er Jan 2007 (RO) 2006 3459 3535; FF 1999 1787 ).


State 1 Er January 2016

Final Provisions of the Amendment of 13 December 2002 1

1. Enforcement of Penalties

1 Art. 46 is applicable to the revocation of a stay granted by a judgment delivered under the former right. The judge may order, instead of the penalty of deprivation of liberty, a financial penalty (art. 34 to 36) or work of general interest (art. 37 to 39).

2 The accessory penalties that are the inability to carry out a charge or function (art. 51 old 2 ), the forfeiture of paternal power or guardianship (art. 53 old 3 ), expulsion under a criminal judgment (art. 55 old 4 ), the prohibition of drinking water (art. 56 old 5 ) Shall be deleted by reason of the entry into force of the new right if they have been pronounced under the former right.

3 The provisions of the new law relating to the enforcement of custodial sentences (art. 74 to 85, 91 and 92), probation assistance, rules of conduct and optional social assistance (art. 93 to 96) also apply to convicted offenders under the former right.

2. 6 Delivered and Delivered Measures

1 The provisions of the new law relating to measures (art. 56 to 65) and to their performance (art. 90) shall also apply to the authors of acts committed or tried before their entry into force. However:

A.
The subsequent delivery of the internment within the meaning of s. 65, para. 2, is admissible only if the internment would also have been possible on the basis of art. 42 or 43, c. 1, para. 2, of the former right;
B.
The placement of young adults in the workplace (art. 100 Bis As of March 18, 1971 7 ) And measures applicable to young adults (art. 61) shall not last more than four years.

2 Within a period of twelve months from the entry into force of the new right, the judge shall examine whether persons who are interned according to art. 42 or 43, c. 1, para. 2, of the former right, fulfil the conditions of a therapeutic measure (art. 59-61 or 63). If so, the judge shall order the action; if not, the detention shall continue in accordance with the new law.

3. Criminal record

1 The provisions of the new law relating to criminal records (art. 365 to 371) also apply to judgments given under the former right.

2 Within six months of the entry into force of the new right, the competent authority shall ex officio remove entries relating to:

A.
Educational measures (art. 91 as of March 18, 1971 8 ), with the exception of those made under s. 91, c. 2, as of 18 March 1971;
B.
Special treatment (art. 92, as of 18 March 1971);
C.
Periodic penalty payments (s. 95, as of 18 March 1971). 9

3 Entries written off under the old law no longer appear in the criminal record extracts for individuals. 10

4. Measures implementing institutions

The cantons must establish establishments for the implementation of the measures referred to in Art. 59, para. 3, and 64, para. 3, within ten years after the coming into force of these amendments.


1 RO 2006 3459 ; FF 1999 1787
2 RO 1971 777
3 RS 3 193
4 RO 1951 1
5 RS 3 193
6 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).
7 RO 1971 777
8 RO 1971 777
9 New content according to the c. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).
10 Introduced by ch. I of the PMQ of 24 March 2006 (Corrective sanctions and criminal record), in force since 1 Er Jan 2007 ( RO 2006 3539 ; FF 2005 4425 ).


State 1 Er January 2016

Transitional provision of the amendment of 12 December 2014 1

Art. 305 Bis Does not apply to qualified tax offences under s. 305 Bis , ch. 1bis, which were committed before the entry into force of the amendment of 12 December 2014.

Transitional provision of the amendment of 26 September 2014

The right to information under s. 92 A Also applies to the execution ordered under the former right.

Table of Contents

1. No sanction without legislation Art. 1

2. Time conditions Art. 2

Crimes or offences committed in Switzerland Art. 3

Crimes or offences committed abroad against the State Art. 4

Offences committed abroad on minors Art. 5

Crimes or offences committed abroad, prosecuted under international agreement Art. 6

Other crimes or offences committed abroad Art. 7

Place of commission of the act Art. 8

4. Personal conditions Art. 9

Definitions Art. 10

Commission by omission Art. 11

Definitions Art. 12

Error on fact Art. 13

Acts authorized by law Art. 14

Self-defence Art. 15

Excusable defence Art. 16

State of legal necessity Art. 17

State of necessity excusable Art. 18

Irresponsibility and Restricted Responsibility Art. 19

Doubt on the author's liability Art. 20

Error on wrongfulness Art. 21

Punishing the attempt Art. 22

Discontinuance and active repentance Art. 23

Instigation Art. 24

Complicity Art. 25

Participation in a specific offence Art. 26

Personal circumstances Art. 27

6. Media Punishing Art. 28

Source protection Art. 28 A

7. Punishing of acts committed in a representation report Art. 29

Right of Complaint Art. 30

Time limit Art. 31

Indivisibility Art. 32

Withdrawal Art. 33

Fixation Article 34

Recovery Art. 35

Punishment of deprivation of liberty Art. 36

Definition Art. 37

Execution Art. 38

Conversion Art. 39

General Art. 40

Short-term custodial sentence Art. 41

1. The execution of the sentence Art. 42

2. Partial implementation of the sentence Art. 43

Test Period Art. 44

Success in testing Art. 45

Failed to test Art. 46

Principle Art. 47

Mitigating circumstances Art. 48

Effects of Mitigation Art. 48 A

3. Competition Art. 49

4. Obligation to motivate Art. 50

5. Imputation of pre-trial detention Art. 51

No interest in punishing Art. 52

Redress Art. 53

Infringement suffered by the author following his act Art. 54

2. Common provisions Art. 55

Spouse, registered partner or victim partner Art. 55 A

1. Principles Art. 56

Competition between several measures Art. 56 A

Relationship between measures and penalties Art. 57

Execution Art. 58

Treatment of mental disorders Art. 59

Treatment of addictions Art. 60

Measures applicable to young adults Art. 61

Parole Art. 62

Failed to test Art. 62 A

Final release Art. 62 B

Levée of measure Art. 62 C

Review of the release and lifting of the measure Art. 62 D

Conditions and performance Art. 63

Removal of measure Art. 63 A

Execution of the penalty of deprivation of liberty Art. 63 B

Conditions and performance Art. 64

Levée and Liberation Art. 64 A

Review of Release Art. 64 B

Review of the Release of Life-to-Life and Parole Section 64 C

5. Change of sanction Art. 65

1. Preventive bond Art. 66

A. Prohibition of carrying on an activity, conditions Art. 67

Content and scope Art. 67 A

B. Prohibition of contact and geographical prohibition Art. 67 B

Enforcement of the prohibition Art. 67 C

Amendment of a prohibition or subsequent prohibition Art. 67 D

3. Driving prohibition Art. 67 E

Publication of Judgement Art. 68

A. Confiscation of dangerous objects Art. 69

Principles S. 70

Compensatory claim Art. 71

Confiscation of heritage values of a criminal organization Art. 72

(6) Allocation to the injured party Art. 73

1. Principles Art. 74

Principles S. 75

Specific security measures Art. 75 A

Place of enforcement of custodial sentences Art. 76

Ordinary performance Art. 77

External work and external housing Art. 77 A

Semi-Detention Art. 77 B

Cellular detention Sec. 78

Execution of short custodial sentences Art. 79

Exemption (s) Art. 80

Work Art. 81

Training and Development Art. 82

Remuneration Art. 83

Relations with the outside world Art. 84

Controls and Inspections Sec. 85

A. Grant Art. 86

B. Test period Art. 87

C. Success in testing Art. 88

D. Failed to test Art. 89

3. Enforcement of measures Art. 90

Disciplinary law Art. 91

Suspension of enforcement Art. 92

Right to information Art. 92 A

Probation Assistance Art. 93

Rules of conduct Art. 94

Common provisions Art. 95

Social assistance Art. 96

Time Limits Art. 97

Starting point Art. 98

Time Limits Art. 99

Starting point Art. 100

3. Imprestability Art. 101

Punishability Art. 102

Art. 102 A

Definition Art. 103

Application of the provisions of Part I Art. 104

Restrictions in the application Art. 105

Fine Art. 106

Work of general interest Art. 107

Repealed S. 108

Limitation period Art.

Repealed Art. 110

Murder Art 111

Assassination Art. 112

Passive Murder Art. 113

Murder on the victim's request Art. 114

Incitation and Assistance in Suicide Art. 115

Infanticide Article 116

Homicide by negligence Art. 117

Punishable termination of pregnancy Art. 118

Interruption of non-punishable pregnancy Art. 119

Contraventions by the doctor Art. 120

Repealed Art. 121

Serious bodily harm Art. 122

Simple bodily harm Art. 123

Female Genital Mutilation Art. 124

Tangible injuries by negligence Art. 125

Ways of doing Art.

Exhibition Art. 127

Omission to assist Art. 128

False Alert Art. 128 Bis

Endanging the lives of others Art. 129

Repealed Art. 130-132

Boxing Art. 133

Aggression Art. 134

Representation of violence Art. 135

Remittance to children of substances that may endanger their health Art. 136

Unlawful appropriation Art. 137

Abuse of trust Art. 138

Article 139

Goodwill Art. 140

Submitting a Security Art. 141

Use without the right of heritage values Art. 141 Bis

Energy subtraction Art. 142

Submitting Data Art. 143

Undue Access to a Computer System Art. 143 Bis

Damage to property Art. 144

Data Deterioration Art. 144 Bis

Misuse of rights of pledge or retention Art. 145

Escroquerie Art. 146

Fraudulus Use of a Computer Art. 147

Cheque Card and Credit Card Abuse Art. 148

Hostel Filouting Art. 149

Fraudulently obtaining a benefit Art. 150

Manufacture and placing on the market of equipment for fraudulently decoding encrypted services Art. 150 Bis

Astute harm to the pecuniary interest of others Art. 151

False information on commercial enterprises Art. 152

False Communication to the Trade Register Authorities Art. 153

Repealed Art.

Falsification of Goods Art. 155

Extortion and blackmail Art. 156

Usure Art. 157

Unfair Management Article 158

Misuse of deductions from wages Art. 159

Recel Art. 160

Repealed Art. 161

Repealed Art. 161 Bis

2. Violation of the secret of manufacture or trade secret Art. 162

Fraudulla fraud and seizure fraud Art. 163

Effective reduction of assets to the detriment of creditors Art. 164

False management Art. 165

Violation of the obligation to keep accounts Art. 166

Benefits to Certain Creditors Art. 167

Subornation in enforced execution Art. 168

Misuse of heritage values brought under the control of justice Art. 169

Fraudulently obtaining a legal concordat Art. 170

Judicial Concordat Art. 171

Revocation of Bankruptcy Art. 171 Bis

Repealed Art.

Accumulation of a custodial sentence and the fine Art. 172 Bis

Offences of minor importance Art. 172 Ter

Defamation Art 173

Calomnia Art. 174

Defamation and libel against death or absence Art. 175

Common provision Art. 176

Injure Art. 177

Limitation period Art. 178

Violation of private secrets Art. 179

Listening and recording conversations between other persons Art. 179 Bis

Unauthorized recording of conversations Art. 179 Ter

Violation of the secret or private domain by means of an apparatus for the taking of views Art. 179 Cc

Non-punishable records Art. 179 D

Circulation and demand for apparatus for listening, taking sound and taking views Art. 179 Sexies

Misuse of a Telecommunications Facility Art. 179 Septies

Official monitoring measures. Exemption from punishment Art. 179 Octies

Submitting Personal Data Art. 179 Novies

Threats Art. 180

Constraint Art 181

Forced marriage, forced partnership Art. 181 A

Trafficking in human beings Article 182

Sequestration and abduction Art. 183

Aggravating circumstances Art. 184

Hostage taking Art. 185

Violation of residence Art. 186

Sexual acts with children Art. 187

Sexual acts with dependent persons Art. 188

Sexual restraint Art. 189

Rape 190

Sexual acts committed against a person incapable of discernment or resistance Art. 191

Sexual acts with persons hospitalized, detained or prevented Art. 192

Abuse of distress Art. 193

Exhibitionism Article 194

Encouraging prostitution Art. 195

Sexual acts with minors against remuneration Art. 196

4. Pornography Sec.

Inconveniences caused by the confrontation of a sexual act Art. 198

Illegal exercise of prostitution Art. 199

6. Joint Commission Art. 200

Repealed Art. 201-212

Inceste Art.

Repealed Art. 214

Plurality of registered marriages or partnerships Art. 215

Repealed Art.

Violation of an obligation of maintenance Art. 217

Repealed Art.

Violation of the duty of assistance or education Art. 219

Abduction of minors Art. 220

Intentional Fire Art. 221

Inceny by negligence Art. 222

Explosion Art. 223

Use of explosives or toxic gases with criminal intent Art. 224

Employment without criminal intent or negligence Art. 225

Manufacture, conceal and transport toxic explosives or gases Art. 226

Danger due to nuclear energy, radioactivity and ionising radiation Art. 226 Bis

Punishable preparatory acts Article 226 Ter

Flooding. Working Capital Art. 227

Damage to electrical installations, hydraulic works and protective works Art. 228

Violation of the rules of the art of construction Art. 229

Remove or omit to install protective devices Art. 230

Endangered by Genetically Modified Organisms or Pathogens Art. 230 Bis

Propagation of a human disease Art. 231

Propagation of an epizootic art.

Propagation of a dangerous parasite Art. 233

Contamination of drinking water Article 234

Alteration of fodder Art. 235

Circulation of altered fodder Art. 236

Transposing public traffic Art. 237

Entrave to the Railway Service Art. 238

Entrave to services of general interest Art. 239

Manufacture of counterfeit currency Art. 240

Falsification of money Art. 241

Circulation of counterfeit currency Art. 242

Imitation of banknotes, coins or official stamps of value without purpose of false art.

Importation, acquisition and disposal of counterfeit currency Art. 244

Falsification of Official Value Stamps Art. 245

Falsification of Official Marks Art. 246

Apparatus for forgery and illegal use of apparatus Art. 247

Falsification of Weights and Measures Article 248

Confiscation Article 249

Foreign Currencies and Stamps Art. 250

False in titles Art. 251

False in certificates Art. 252

Fraudulus of a false finding Art. 253

Removal of titles Art. 254

Foreign titles Art. 255

Relocation of posts Art. 256

Relocation of trigonometric or limnimetric signals Art. 257

Alarming threats to the population Art. 258

Public Provocation to Crime or Violence Art. 259

Riot Art.

Criminal preparatory acts Art 260 Bis

Criminal Organization Art. 260 Ter

Endanging public safety by means of weapons Art. 260 Cc

Financing of terrorism Article 260 D

Infringement of Freedom of Belief and Cults Art. 261

Racial discrimination Art. 261 Bis

Violation of Peace of the Dead Art. 262

Acts Committed in State of False Liability Art. 263

Genocide Art. 264

Crimes against humanity Art. 264 A

J. Other inhumane acts

1. Scope Art. 264 B

2. Serious violations of the Geneva Conventions Art. 264 C

A. Attack against civilians or civil property Art. 264 D

B. Improper medical treatment, infringement of the right to sexual self-determination or the dignity of the person Art. 264 E

C. Recruitment or use of child soldiers Art. 264 F

D. Prohibited Warfare Methods Art. 264 G

E. Use of Prohibited Weapons Art. 264 H

4. Disruption of an armistice or peace. Deliver against a parliamentarian. Delaying the repatriation of prisoners of war Art. 264 I

5. Other offences under international humanitarian law Art. 264 J

Punbility of superior Art. 264 K

Acts Committed in the Order of Others Art. 264 L

Acts Committed Abroad Art. 264 M

Exclusion of relative immunity Art. 264 N

High treason Art. 265

Violation of the Independence of the Confederation Art. 266

Enterprises and foreign nationals against the security of Switzerland Art. 266 Bis

Diplomatic approach Art. 267

Relocation of official terminals Art. 268

Violation of the territorial sovereignty of Switzerland Art. 269

Infringement of Swiss Emblems Art. 270

Acts executed without the right of a foreign state Art. 271

Political Information Service Art. 272

Economic Information Service Art. 273

Military Intelligence Service Art. 274

Infringement of constitutional order Art. 275

Subversive Propaganda Art. 275 Bis

Illicit Groupings Art. 275 Ter

Provocation and incitement to breach of military duties Art. 276

Falsification of order of establishment or instructions Art. 277

Entravaying military service Art. 278

Violence Art. 279

Infringement of the right to vote Article 280

Electoral bribery Art. 281

Electoral Fraud Art. 282

Capation of votes Art. 282 Bis

Violation of the secrecy of the vote Article 283

S. 284

Violence or threats against the authorities and officials Art. 285

Preempting an official act Art. 286

Usurpation of duties Art. 287

Repealed Art. 288

Subtraction of objects placed under the control of the authority Art. 289

Sealing Bris Art. 290

Breach of ban Art. 291

Insubmission to a decision of the authority Art. 292

Publication of secret official debates Art. 293

Offence of prohibition of activity, prohibition of contact or geographical prohibition Art. 294

Failure to comply with probation or rules of conduct Sec. 295

Outrages to foreign states Art. 296

Outrages to inter-State institutions Art. 297

Infringement of National Foreign Emblems Art. 298

Violation of foreign territorial sovereignty Art. 299

Acts of hostility against a belligerent or foreign troops Article 300

Military Espionage to the Prejudice of a Foreign State Art. 301

Prosecution Art. 302

Calomnious Denunciation Art. 303

Inducing justice in error Art. 304

Entrave to criminal proceedings Art. 305

Money laundering Art. 305 Bis

Failure to be vigilant in matters of financial operations and right of communication Art. 305 Ter

False statement by party to court Art. 306

False testimony, false report, false translation in court Art. 307

Sentences of punishment Art. 308

Administrative and procedural matters before international courts Art. 309

Dealing with inmates Art. 310

Mutinery of Inmates Art. 311

Abuse of authority Art. 312

Concussion Art. 313

Unfair management of public interests Art. 314

Repealed Articles 315 and 316

False in Titles Committed in the Exercise of Public Functions Art. 317

Non-punishable acts Art. 317 Bis

False medical certificates Art. 318

Assistance in Escape Art. 319

Violation of the secrecy of office Art. 320

Violation of professional secrecy Art. 321

Professional secrecy in human research Art. 321 Bis

Violation of the secrecy of posts and telecommunications Art. 321 Ter

Violation of the obligation of the media to inform Art.

Failure to oppose a publication constituting an offence Article 322 Bis

Active Corruption Art. 322 Ter

Passive bribery Art. 322 Cc

Granting of an advantage Art. 322 D

Acceptance of an advantage Art. 322 Sexies

2. Bribery of foreign public officials Art. 322 Septies

3. Common provisions Art. 322 Octies

Non-observance by the debtor of the rules of the procedure for the prosecution of debts or of bankruptcy Art. 323

Non-observance by one third of the rules of the procedure for the prosecution of debts or bankruptcies or the procedure of the proceedings Art. 324

Non-observance of legal requirements on accounting Art. 325

Non-observance of legal requirements for the protection of tenants of residential and commercial premises Art. 325 Bis

1. ... Art. 326

2. In the case of art. 325 Bis Art. 326 Bis

Contravention of trade and name provisions Art. 326 Ter

False information from a foresight institution in favour of staff Art. 326 Cc

Repealed Article 327

Counterfeiting Postal Values without a Purpose of False Art. 328

Violation of military secrets Art. 329

Trafficking in material held or requisitioned by the army Art. 330

Unfair port of military uniform Art. 331

Failure to Notice in Case of Found Art. 332

Application of the General Part of the Penal Code to Other Federal Laws Art. 333

Reference to amended or repealed provisions Art. 334

Cantonal Laws Art. 335

Repealed Articles 336 to 338

Repealed Articles 339 to 348

1. ... S. 349

A. Jurisdiction Art. 350

B. Tasks Art. 351

C. Data Protection Art. 352

D. Financial aid and allowances Art. 353

3. Collaboration for the purpose of identifying persons Art. 354

4. ... Art.

A. Exchange of data Art. 355 A

(b) Extension of mandate Art. 355 B

Applicable law. Art. C

5 Ter ... Art. D

5 Cc . Bureau SIRENE Art. 355 E

A. A third State or an international body Art. 355 F

B. A natural or legal person Art. 355 G

Repealed Articles 356 to 361

6. Notice concerning pornography Art. 362

Repealed Article 363

Right to notify Art. 364

Purpose Art. 365

Contents Art. 366

Data processing and consultation Art. 367

Disclosure of facts giving rise to an inscription Art. 368

Elimination of registration Art. 369

Elimination of judgments imposing a prohibition on carrying on an activity, a prohibition of contact or a geographical prohibition Art. 369 A

Right of consultation Art. 370

Extract from criminal record for individuals Art. 371

Special extract from criminal records for individuals Art. 371 A

1. Obligation to execute sentences and measures Art. 372

Enforcement Art. 373

Attribution of product Art. 374

3. Work of general interest Art. 375

4. Probation Assistance Art. 376

Obligation of the cantons to create and exploit them Art. 377

Inter-cantonal Collaboration Art. 378

Private institutions Art. 379

Fees Art. 380

Repealed Art. 380 A

Jurisdiction Art. 381

Remedies under Art. 382

Effect Art. 383

2. Amnesty International Art.

3. Revision Art. 385

Preventive measures Art. 386

2. Additional provisions enacted by the Federal Council Art. 387

Enforcement of Prior Judgments Art. 388

Limitation period Art. 389

United Offences on Complaint Art. 390

4. Cantonal application provisions Art. 391

5. Coming into force of this Code Art. 392



State 1 Er January 2016