Rs 321.0 Code Penal Military Of 13 June 1927 (Cpm)

Original Language Title: RS 321.0 Code pénal militaire du 13 juin 1927 (CPM)

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321.0 military criminal code (CPM) of June 13, 1927 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view the art. 60 and 123, para. 1 and 3, of the Constitution, given the message of the federal Council of November 26, 1918, stop: Book 1 law criminal military General 1Dispositions part title 1 scope art. 1-1. No punishment without law 1. No punishment without law a sentence or measure can be pronounced because an Act expressly punishable by law.

Art. 2-2. Weather conditions 2. Weather conditions is judged by this code, anyone who commits a felony or a crime after the entry into force of this code.
This code is also applicable to crimes and offences committed prior to its entry into force, if the author is put on trial until after this date and this code is more favourable than the law in force at the time of the offence.

Art. 33. personal conditions 3. Personal conditions are subject to the military law: 1. persons subject to military service, while in military service, with the exception of the convicts who commit, unrelated to the service of the troupe, the offences to the art. 115 to 137b and 145 to 179; 2. officials, employees and workers of administration military of the Confederation and the cantons, for acts interesting national defence, and when they wear the uniform; 3. persons subject to military service, when they are in uniform outside the service and they commit the offences provided for in art. 61 to 114 and 138 to 144; 4. persons subject to military service, even if they are not in service, regarding their military position and duties of service, as well as people having been forced to service military, as long as they have not fulfilled their duties of service; 5. conscripts, with regard to the obligation to report, as well as during the information day and duration of recruitment; 6 days. the military profession, contract military, people part of the body of border guards as well as people who, according to art. 66 of the Act of 3 February 1995 on the army and military administration, perform a service for the promotion of peace, for offences committed while on duty, the offences committed out of service but their military obligations or their military situation and the offences they commit in uniform; 7. civilians or foreign military personnel who are guilty of treason by violation of secrets interesting national defence (art. 86), sabotage (art. 86 (a), against the defensive power of the country (art. 94 to 96), violation of military secrets (art. 106) or disobedience to measures taken by the military or civilian authorities to prepare or execute the mobilization army or to back up the military secret (art. 107); 8. civilians or foreign military, for planned acts in arts. 115 to 179 they commit as employees or agents of the army or military administration in collaboration with the troupe; 9. civilians or foreign military personnel who committed abroad against a member Switzerland one of the acts referred to in chapters 6 (arts. 108 and 109) and 6 (art. 110 to 114) of part 2 or art. 114. the persons referred to in para. 1, ch. 1, 2, 6, and 8 are, for the entire duration of their engagement abroad, subject to the military law if they commit abroad an act punishable under this Act.

New content according to the No. IV let. a of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 92; FF 2002 7285).
New content according to chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).
New content according to Chapter 3 of the annex to the Federal Act of March 19, 2010, in force since Jan. 1. 2011 (2010 6015 RO; FF 2009 5331).
RS 510.10 new content according to chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).
New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 4-3. Personal circumstances / Extension in case of extended active service in case of active service in the event of active service, are also subject to military criminal law, by decision of the federal Council and to the extent decided by it: 1. civilians who are guilty: a crime or a crime against a military guard (art. 65), of usurpation of powers (art. 69) military treason (art. 87) or betrayal by spreading false information (art. 89), of acts of hostility against a belligerent or foreign troops (art. 92), violation of contractual obligations (art. 97), breach of military security (art. 98 to 105 and 107), active bribery (art. 141), unfair management (art. 144), to aid in the escape of prisoners (art. 177);
2. civilians who are guilty of acts set out in art. 73, 78, 115, 118, 121, 123, 128, 129, 131, 134 to 136, 149 to 151, 160, 161 to 165 and 167 to 169, if such acts are directed against military personnel and military authorities or if they concern things serving the army; 3. civilians who intentionally commit the acts set out in art. 166, 169a, 170 and 171; 4. the internal military warring States that belong to their armed forces, their militias or their corps of volunteers, including organized resistance movements, civilian internees and refugees which the army is responsible; 5. officials, the employees and workers of the military of the Confederation and the cantons administration, including those institutions and workshops military, services and operations of vital interest, particularly of water supply services, water plants, power plants, the gas plants and hospitals.

Art. 5-3. Personal circumstances / Extension in wartime Extension in time of war in time of war, are subject to military criminal law, in addition to the persons mentioned in art. 3 and 4: 1. civilians who are guilty of any of the following offences: a. betrayal in the cases provided for in art. 88, 90, 91, b. military espionage against a foreign State (art. 93), (c) fire, explosion, use of explosives, flooding or collapse, provided that the offence is reached to things for the Army (art. 160, para. 2, 160 a, 161, ch. 1, al. 3, and no. 2, 162, para. 3, 165, ch. 1, al. 3, and no. 2), d. genocide or a crime against humanity (part 2 (, c. 6) or war crime (part 2, Chapter 6, and art. 139);

2. the prisoners of war, for the offences provided by this code, including those they have committed in Switzerland or abroad, during the war and before the beginning of their captivity, against the State or the Swiss Army, or against persons belonging to the army Swiss; 3. enemy parliamentarians and the people accompanying them, if they abuse their situation to commit an offence; 4. civilians interned in areas of war or occupees.5. foreign military personnel who are guilty of genocide or a crime against humanity (part 2, Chapter 6) or of a war crime (part 2, Chapter 6, and art. 139).

The provisions on the criminal liability of the superior (art. 114 (a) apply to the cases referred to in para. 1, no. 1, let. d., and c. 5.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 6-3. Personal conditions / war war established for wartime provisions are applicable when the Switzerland is at war, but also when in the event of imminent danger of war, the federal Council decided to bring them into force.
The federal Board's decision is immediately enforceable. It must be submitted early to the Federal Assembly, which decides if it will be kept.

Art. 73. personal conditions / civilian Participation Participation of civilians who participated, with persons subject to the military law, a purely military offence (art. 61-85) or an offence against national defence or the defensive strength of the country (art. 86 to 107) are also punishable under the present code.
People who participated, with persons subject to military criminal law, a crime or a tort of right common (art. 115 to 179), a genocide, or a crime against humanity (art. 108, 109 and 114 a) or a war crime (art. 110 to 114 and 139) are subject to the ordinary criminal law. Art. 221 is reserved.


New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 83. personal conditions / Application of the ordinary criminal law Application of the ordinary criminal law criminal law ordinary applies to persons subject to the military law for offences not provided for by this code.

New content according to chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).

Art. 94 / a. criminal law for minors 4.
a. criminal juvenile law criminal law for minors in June 20, 2003 (Jcla) applies to persons who do not have 18 years on the day of the Act. When the author must be tried simultaneously for offences committed before and after the age of 18, art. 3, al. 2, Jcla is applicable. Civil authorities are competent.

New content according to art. ch. 44 3 of the Federal Act of 20 June 2003 on criminal law for minors, in force since Jan. 1. 2007 (RO 2006 3545; FF 1999 1787).
RS 311.1 art. 9a 4. / b. young adults b. young adults if, during his act, the author was aged over 18 and under 25 years old, the General provisions of this code shall apply.
Art. 61 of the criminal code (CP) shall also apply. The canton of enforcement is the competent authority.

RS 311.0 art. 10-5. Conditions of place 5. Whether the personal conditions are met, this code is applicable both to offences committed in Switzerland to those committed abroad.
This code applies to the persons referred to in art. 5, no. 1, let. d, and ch. 5, who have committed abroad one of the acts referred to in Chapter 6 and 6 of part 2 or in art. 114a if they are in Switzerland, unless they be extradited or handed over to an international criminal tribunal whose jurisdiction is recognised by the Switzerland.
When the author is not of Swiss nationality and the act committed abroad was not directed against a Swiss national, the authorities may suspend the criminal proceedings or renounce it, subject to the preservation of evidence, in the following cases: a. a foreign authority or an international criminal tribunal whose jurisdiction is recognised by the Switzerland pursues the offence and the author is extradited or handed over to the tribunal; b. the author no longer located in Switzerland and don't come back probably not; c. the evidence cannot be administered.

This code applies to persons who have committed abroad against a Swiss military, one of the acts referred to in chapters 6 and 6 of part 2 or in art. 114a, if they are located in Switzerland or that they have been extradited because of this Act, unless they are extradites or handed over to an international criminal tribunal whose jurisdiction is recognized by the Switzerland.
If, due to such Act, the author was convicted abroad and that he has suffered all or part of the sentence against him, judge charges incurred on the sentence to pronounce sentence.
Subject to a serious breach of the fundamental principles of the constitutional law and the European Convention on human rights of 4 November 1950 (ECHR), the author continued abroad at the request of the Swiss authority may more be prosecuted in Switzerland for the same Act: a. If he has been acquitted abroad by a final judgement; (b) if it has been the sanction imposed against him abroad that this sanction has been given or is it prescribed.

The judge decides whether to execute or continue in Switzerland the measurement which is not incurred abroad or that it was only partially.

Introduced by section II of the Federal Act of 19 Dec. 2003 (RO 2004-2691; FF 2003 693). New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
RS 0.101 art. 11-5. Conditions of place / location of the place of commission of the Act Act a crime or an offence is deemed committed both where the author did or should have done to the place where the result has occurred.
An attempt is deemed committed at the place where the author made it to the place where, in the idea of the author, the result should occur.

Title 2 Conditions of enforcement art. 12-1. Crimes and offences. / Definitions 1. Crimes and offences.
Definitions this code distinguishes offences crimes depending on the severity of the sentence which is punishable.
Are crimes the offences subject to a custodial sentence of over three years.
Are offences punishable offences of deprivation of liberty not exceeding three years or a monetary penalty.

Art. 12a 1. Crimes and offences. / Commission by omission Commission by omission a crime or an offence may also be committed by the fact of a passive conduct contrary to a duty to act.
Passive rest in breach of a duty that does not prevent endangerment or the injury of a right property protected by the criminal law although there be taken at the rate of his legal situation, including virtue: a. Act; (b) a contract; c. a risk community freely consented; (d) the creation of a risk.

Who passive rest in breach of a duty to act is punishable for the offence than if, given the circumstances, he faces the same complaint if he committed this offence by active behaviour.
The judge may mitigate the sentence.

Art. 13 2. Intention and negligence. / Definitions 2. Intention and negligence.
Definitions except Express and contrary law provision, is only punishable the author of a crime or misdemeanor who acts intentionally.
Is, intentionally, anyone who commits a felony or misdemeanour with consciousness and will. The author is already intentionally when it is possible the realization of the offence and accept it in case it happens.
Is negligent anyone, by a guilty improvidence, commits a crime or a crime without realizing the consequences of his act or without taking into account. The foresight is guilty when the author has not worn the precautions ordered by circumstances and personal circumstances.

Art. 14-2. Intention and negligence. / Error the factual error on the facts anyone who is under the influence of an erroneous assessment of the facts is judged according to this assessment if it is favourable to him.
Anyone could avoid the error by using precautions is punishable for negligence if the Act restrains his Act offence of negligence.

Art. 15-3. Lawful acts and guilt. / Actions authorized by Act 3. Lawful acts and guilt.
Acts permitted by law anyone who acts as ordered or authorized by the law behaves in a lawful manner, even if the Act is punishable according to this code or any other Act.

Art. 16-3. Lawful acts and guilt. / Self defence self defence anyone who, contrary to law, is attacked or threatened with an imminent attack has the right to repel the attack by means commensurate with the circumstances. the same right belongs to the third party.

Art. 16a 3. Lawful acts and guilt. / Defence excusable defence excusable if the author, repelling an attack, exceeded the limits of self-defense to the senses of the art. 16, the judge reduces the sentence.
If this excess comes from an excusable State of excitement or shock caused by the attack, the author is not guilty way.

Art. 17-3. Lawful acts and guilt. / Lawful need State need lawful to anyone who commits a punishable act to preserve a danger imminent and impossible to turn away otherwise a right property owned or owned by a third party is legally if it backs thus overriding interests.
Anyone who commits a punishable act in time of war, in the interest of national defence, is lawful if it backs thus overriding interests.

Art. 17a 3. Lawful acts and guilt. / State of necessity excusable State of necessity excusable if the author commits a punishable act to preserve or maintain others impossible to otherwise distract and imminent danger threatening the life, bodily integrity, freedom, honor, heritage or other essential goods, the judge mitigates the penalty if the sacrifice of the many threatened could reasonably be required of him.
The author is not guilty way if the sacrifice of the many threatened could reasonably be required of him.

Art. 18-3. Lawful acts and guilt. / Irresponsibility and limited liability irresponsibility and limited liability the author is not punishable if, at the time of Act, he did not have the ability to appreciate the unlawful nature of his act or is determined on the basis of this assessment.

Judge reduces it if, at the time of action, the author owned only partially the ability to appreciate the unlawful nature of his act or is determined on the basis of this assessment.
The measures provided for in this code and to the art. 59-61, 63 and 64 CP may however be ordered.
If the author could avoid the irresponsibility or limited responsibility and provide the act committed in this State, the al. 1 to 3 shall not apply.

RS 311.0 art. 18a 3. Lawful acts and guilt. / Doubt doubt about the responsibility of the author on the responsibility of the author of the investigating authority or the judge orders expertise if there is a serious reason to doubt the responsibility of the author.

Art. 19-3. Lawful acts and guilt. / Error on error wrongfulness on the wrongfulness anyone don't know or cannot know at the time that his behavior is illegal is not guilty way. Judge reduces sentence if the error was preventable.

Art. 20-3. Lawful acts and guilt. / Criminal liability of the superior and acts committed by others criminal liability of the superior and acts committed by others if the execution of an order of service constitutes an offence, the Chief or the superior who gave the order is punishable as a perpetrator.
The subordinate who commits an act on the orders of a superior or in obedience to instructions the binder in a similar way is also punishable if he is aware, at the time of the punishability of the Act. The judge may mitigate the sentence.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
RO 2011 6073 new content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 21-4. Degrees of realization. / Criminal liability of the attempt 4. Degrees of realization.
Criminal liability of the attempt, the judge may mitigate the sentence if execution of a crime or an offence is not prosecuted until his term or the result of necessary consumption of the offence does not or could not happen.
The author is not punishable if, by serious lack of intelligence, it is not realized that the commission of the offence was impossible due to the nature of the purpose or the means used.

Art. 22 4. Degrees of realization. / Withdrawal and active repentance discontinuance and repentance active if, on its own initiative, the author gave to continue the punishable activity until his term or that it has helped to prevent the consumption of the offence, the judge may mitigate the sentence or to exempt the author from any sentence.
If several authors or participants involved in the Act, the judge may mitigate the sentence or to exempt one who, on his own initiative, has helped to prevent the consumption of the offence any sentence.
The judge may also mitigate the sentence or exempt any sentence the author or participant that discontinuance would have prevented use of the offence if other causes had avoided it.
The judge may mitigate the sentence or exempt any sentence the author or participant if it is, on its own initiative, seriously attempted to prevent the consumption of the offence and that it was committed regardless of its contribution.

Art. 23 5. Participation. / Instigation 5. Participation.
Urging anyone who intentionally decided others to commit a crime or an offence liable if the offence has been committed, the penalty applicable to the perpetrator of this crime.
Anyone who has tried to decide other people to commit a crime faces the punishment for the attempt of this offence.

Art. 24 5. Participation. / Complicity complicity the sentence is attenuated with respect to anyone who intentionally lent support to the author to commit a crime or misdemeanour.

Art. 25 5. Participation. / Participation in own hit-and-run Participation at own misdemeanor if the criminal liability is based, or aggravated due to a special obligation to the author, the punishment is reduced with respect to the Member who was not required to do so.

Art. 26 5. Participation. / Personal circumstances circumstances personal relations, qualities and personal circumstances that increase, decrease or exclude the criminal liability have this effect only with respect to the author or participant concerned.

Art. 27 6. Criminal liability of the media 6. Criminal liability of the media when an offence has been committed and consumed in the form of publication by media, the author is only punishable, subject to the following provisions.
If the author cannot be found or cannot be translated into Switzerland before a court, the editor is punishable under art. 322 CP. If no editor, the person responsible for the publication in question is punishable under the same article.
If the publication took place without the knowledge of the author or against his will, the editor or, in default, the person responsible for the publication, is punishable as a perpetrator.
The author of a truthful account of public debate or official statements of authority incurs no penalty.

RS 311.0 art. at 27, 6. Criminal liability of the media / source Protection source Protection persons who, professionally, participate in the publication of information in the editorial from one media to recurring character part and their auxiliaries don't incur no penalty and will not be of any measure of coercion based on procedural law if they refuse to testify about the identity of the author or on the content and the sources of their information.
The al. 1 is not applicable if the judge finds that: a. the testimony is necessary to prevent imminent damage to life or bodily integrity of a person, or Frenchie. without the testimony, a homicide within the meaning of art. 115 to 117 of the present code or another crime punishable by a custodial sentence of three years at least, or even an offence within the meaning of art. 141 to 143a and 153 to 156 of this code, art. 197, ch. 3, 260, 305, 305 and 322 CP, and art. 19, no. 2, of the Act of October 3, 1951 in (dealing) drugs cannot be clarified or that the person charged with such an act cannot be stopped.

RS 311.0 RS 812.121 title 3 sentences and measures Chapter 1 penalty, community work, deprivation of freedom, degradation art. 28 1. Monetary penalty. / Fixing 1. Monetary penalty.
Fixing unless otherwise provided in the Act, the penalty may not exceed 360 days-fine. The judge set their number depending on the author's guilt.
The day-fine is 3,000 francs at most. Judge the amount according to the personal and economic situation of the author at the time of the judgment, including taking into account his fortune, his lifestyle, and his income assistance, in particular family obligations, and of the subsistence minimum.
Federal, cantonal and communal authorities provide the judge the information he needs to fix the amount of the fine day.
The judgment shows the number and the amount of the fines.

Introduced by chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).

Art. 29 1. Monetary penalty. / Collection collection enforcement authority fixed the convicted person a payment deadline of one to twelve months. It can authorize the payment by instalments and, on request, extend the time.
If the enforcement authority has serious reasons to believe that the offender wants to evade the penalty, it may demand immediate payment or ask security.
If the convicted person not pay not the penalty within the time limit, the enforcement authority sued against him for debts, provided that a result can be expected.

Art. 30 1. Monetary penalty. / Custodial sentence of alternative custodial sentence of substitution to the extent where the convicted person does not pay the penalty and that it is unenforceable by proceedings for debt (art. 29, para. 3), the penalty gave way to a custodial sentence. One fine day is a day of custodial sentence. The subsequent payment of the pecuniary penalty results in a proportional reduction of the custodial sentence of substitution.
If the penalty is imposed by an administrative authority, a judge must rule on the deprivation of liberty of substitution.
If the convicted person is unable to pay the financial penalty because, without his fault, the circumstances that led to the fixing of the amount of the fine day have deteriorated significantly since the judgment, he may ask the judge to suspend the execution of the custodial sentence of substitution and instead: a. either to the payment period to 24 months at most; b. either to reduce the amount of day-fines; c. is to order a work of interest General.

If the judge orders a work of general interest, the art. 31, 32 and 33, al. 2, are applicable.

The custodial sentence of substitution is performed where the convicted person does not the penalty despite the extension of the payment period or the reduction of the fine day or if it does not, despite a warning, the work of general interest.

Art. 31 2. Work of general interest. / Definition 2. Work of general interest.
Definition instead of deprivation of freedom under six months or a monetary penalty of 180 days-fine at the most, the judge may order, with the consent of the author, a work of general interest of 720 hours at most.
The work of general interest must be accomplished to the benefit of social institutions, works of public utility or people in need. He is not paid.

Art. 32 2. Work of general interest. / Running run the enforcement authority fixed the convicted person within two years at most for the job of general interest.

Art. 33 2. Work of general interest. / The judge Conversion conversion converts the work of general interest in a monetary penalty or deprivation of freedom where, despite a warning, the convicted person will not run it in accordance with the judgment or the conditions and charges laid down by the competent authority.
Four hours of work of general interest are one fine day or one day of deprivation of liberty.
A custodial sentence may be ordered if it is necessary to admit that a financial penalty cannot be enforced.

Art. 34 3. Custodial sentence. / In general 3. Custodial sentence.
Generally the duration of the custodial sentence is usually at least six months and more than 20 years. When the law expressly, the custodial sentence is imposed to life.

Art. a 34, 3. Custodial sentence. / Short custodial sentence closed short custodial penalty closed the judge may impose a closed custodial sentence of less than six months only if the conditions of the stay of execution of the sentence (art. 36) are not met and if it is necessary to admit that neither a penalty nor a work of general interest cannot be executed.
The judge must motivate the choice of the short closed custodial sentence in detail.
Are reserved the art. 30, 33-81, al. 1. rectified by Commission for the drafting of the SSA. fed. (art. 58, para. 2, PA - RS HYPERLINK "http://www.bk.admin.ch/ch/f/rs/c171_10.html"). See 2007 3629 RO.

Art. b 34, 3. Custodial sentence. / Performance performance the custodial sentences are executed in accordance with the provisions of the CP.
If the active service, the federal Council may make military enforcement of the custodial sentence. It stipulates the details.

RS 311.0 art. 354. accessory punishment. / Degradation 4. Accessory punishment.
Degradation the judge pronounce the degradation of the military who went out to be unworthy of his rank because of a conviction for a felony or misdemeanour.
The conduct of the army staff decides if the degraded military can still be summoned to perform military service.
Degradation takes effect from the entry into force of the judgment.

New content according to Chapter 3 of the annex to the Federal Act of March 19, 2010, in force since Jan. 1. 2011 (2010 6015 RO; FF 2009 5331).

Chapter 2 relief and partial stay of execution of sentence art. 36 1. Stay of execution of sentence 1. Stay of execution of the sentence the judge suspends generally the execution of a penalty, a work of general interest or with deprivation of liberty for six months at least and at most two years when a firm sentence does not seem necessary to divert the author of other crimes or offences.
If, during the five years preceding the infringement, the author was sentenced to deprivation of liberty closed or with stay of six months minimum or a penalty of at least 180 days-fine, it cannot be a stay of execution of the sentence in the case of particularly favourable circumstances.
The granting of the stay may also be refused if the author failed to repair the damage as we could reasonably expect from him.
The judge may make, in addition to the stay, a pecuniary sentence without suspension or a fine in the sense of art. 60. new content according to chapter II of the Federal Act of March 24, 2006 (fixes in terms of sanctions and criminal), in force since Jan. 1. 2007 (RO 2006 3539; FF 2005-4425) art. 37 2. Partial stay of execution of sentence 2. Suspended partial execution of the sentence the judge may suspend partially enforcement of a monetary penalty, a work of general interest or with deprivation of liberty of one year at least and three years at the most to reflect appropriately the fault of the author.
The part to be performed may not exceed half of the sentence.
In case of partial stay of execution of a custodial sentence, the suspended part, and the part to be performed, must be at least six months. The granting of conditional release (art. 86 CP) rules are not applicable to him.

RS 311.0 art. 38 3. Common provisions. / a. trial period 3. Common provisions.
a. period of trial if the judge suspended totally or partially enforcement of a sentence, it sets a deadline of two to five years probation to the convicted person.
The judge may order a probation assistance and impose rules of conduct for the duration of the trial period.
The judge explains to the convicted person the scope and the consequences of the suspension and the partial stay of execution of the sentence.

Art. 39 3. Common provisions. / b. success of the test (b) success of the test if the convicted person has been tested successfully, it does not execute the sentence suspended.

Art. 40 3. Common provisions. / c. failure of the test (c) failure of the test if, during the trial period, the convicted person commits a crime or a misdemeanour and that therefore there is place to predict that he will commit new offences, the judge revokes the suspension or partial suspension. It can change the type of the sentence revoked to fix with the new sentence, a sentence together in accordance with art. 43. he cannot pronounce a custodial sentence closed if the whole sentence reached lasting six months or so the terms of art. 34 are met.
If there is no place to predict that the convicted person will commit new offences, the judge waives order revocation. It can send a warning to the convicted person and extend the trial period of the half or more of the time fixed in the judgment. It may order a probation assistance and impose rules of conduct for the trial period so extended. If the extension comes after the expiration of the trial period, it begins on the day when it is ordered.
The judge called to know new crime, or the new offence is also competent to rule on the revocation.
The revocation can no longer be ordered when three years have elapsed since the expiry of the trial period.

Chapter 3 determination of the sentence art. 41 1. Principle 1. Principle the judge fixed the sentence according to the author's guilt. It takes into account history, personal situation and driving to the military service of the latter, as well as the effect of the sentence on his future.
Guilt is determined by the severity of the injury or endangerment of the legal good concerned, the wrongfulness of the Act, by the motivations and goals of the author and by the measure in which it could avoid endangering or injury, given his personal situation and external circumstances.

Art. 42 2. Mitigation of the punishment. / Extenuating circumstances 2. Mitigation of the punishment.
Extenuating circumstances the judge reduces the sentence: a. If the author acted: 1 yielding to Honourable motive 2 in deep distress, 3 under the effect of a serious threat, 4 under the ascendant of a person to obedience or on which it depended.

(b) if the author has been misled into temptation severe by the conduct of the victim; c. If the author has been plagued by a violent emotion that the circumstances made excusable or if he acted in a State of disarray; d. If the author has shown by acts a sincere repentance, especially if he has repaired the damage as much as we could expect from him; e. If interest to punish declined significantly because of the time elapsed since the offence and that the author performed well in the meantime.

Art. 42a 2. Mitigation of the punishment. / Effects of mitigation effects of mitigation the judge that mitigates the penalty is not bound by the legal minimum of the punishment provided for the offence.
It can impose a sentence of a different kind from that which is provided for the offence, but he remains bound by the maximum and the legal minimum of each type of sentence.

Art. 43 3. 3 competition. Contest if, because of one or several acts, the author fulfils the conditions of several sentences same kind, the judge sentenced to the penalty for the most serious offence and it increases in proportion. It cannot, however, be more than half the maximum of the punishment for this offence. It is also bound by the legal maximum to the kind of punishment.

If he has to judge one or more disciplinary faults within the meaning of art. 180 with a crime, an offence or a contravention, the judge increases the sentence that would be imposed in proportion according to para. 1. If the judge must pronounce a conviction for an offence that the author has committed before sentenced for another offence, he fixed the additional sentence so that the author is not punished more severely if the various offences had undergone a single judgment.
If the perpetrator has committed one or more offences before the age of 18, the judge fixed worth together in application of paras. 1 and 2 so that it is not more severely punished if the various offences had been the subject of judgments.

Introduced by chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).

Art. 44 4. Imputation of 4 pre-trial detention. Imputation of the pretrial judge charges on capital punishment detention before judgment suffered by the author in the case that has just been judged or another procedure. A day of detention is a day-fine or four hours of community service.

Chapter 4 Exemption from punishment and suspension of the proceedings art. 45 1. Reasons for the exemption from punishment. / Repair 1. Reasons for the exemption from punishment.
Repair when the author has repaired the damage or accomplished efforts that it could reasonably expect him to compensate for the harm he has caused, the competent authority give up to continue, to send it back before the judge or impose a sentence: a. If the conditions of the stay of execution of the sentence (art. 36) are met etb. If the public interest and the interest of the injured party to prosecute criminally are immaterial.

New content according to art. 37 section 2 of the Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).

Art. 46 1. Reasons for the exemption from punishment. / Impairment suffered by the offender of his Act violation suffered by the offender of his act if the author was directly hit by the consequences of his act to the point that a sentence would be inappropriate, the competent authority give up to continue, to send it back before the judge or to impose a sentence.

Art. 46a 2. Common layout 2. Common arrangement the judge does not revoke the stay of execution of the sentence or parole if the conditions for an exemption from sentence are met.

Art. b 46, 3. Suspension of the proceedings. / Spouse, registered partner or partner victim 3. Suspension of the proceedings.
Spouse, registered partner or partner victim in case of simple bodily harm or ways of fact (art. 122), threat (art. 149) or coercion (art. 150), the listener or the military court may suspend temporarily the procedure: a. If the victim is 1. the spouse or former spouse of the author and that the infringement was committed during the marriage or in the year following the divorce, 2. the partner or ex-partner saved the author and that the infringement was committed during the registered partnership or in the year that followed its judicial dissolution, 3. the partner or ex-partner heterosexual or homosexual author, provided they can get common household for an indefinite period and that the infringement was committed during that period, or in the year following separation, and (b) if the victim or, when it does not exercise of civil rights, his legal representative required or agrees to a proposal of suspension from the investigating judge the listener or the military court.

The proceedings shall be resumed if the victim or, when it does not exercise of civil rights, his legal representative revokes consent, in writing or orally, within six months following the suspension.
In the absence of revocation of the agreement, the listener or the military court will make a final order of dismissal.
The way of the appeal according to art. 118 or 195 of procedure criminal military March 23, 1979 is open against the final order of dismissal. The victim has standing in any case.
The disciplinary procedure is excluded.

Introduced by section II of the Federal Act of 3 October. 2003 (prosecution of offences between spouses or partners), in force since April 1, 2004 (RO 2004 1403; FF 2003 1750 1779).
New content according to art. 37 section 2 of the Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
New content according to art. 37 section 2 of the Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
RS 322.1 Chapter 5 measures art. 47 therapeutic measures and therapeutic measures internment and detention provisions of the CP concerning the therapeutic measures and confinement (art. 56 to 65) are applicable.
The canton of enforcement authority is competent.
The measures are carried out in accordance with CP.

RS 311.0 art. 48 exclusion of the army as a security measure Exclusion from the army as a measure of security, if the author is paid for irresponsibility or if he is convicted by a judgment which admits responsibility restricted, the judge may deliver its exclusion from the army.
The federal Department of defence, protection of the population and sports (DDPS) can raise the exclusion of the army when the conditions justifying this measure ended.

Chapter 6 other measures art. 49 1. Exclusion of the army 1. Exclusion of the army if the author is sentenced to a custodial sentence of over three years of internment provided for in art. 64 CP, the judge pronounced his exclusion from the army.
If the author is sentenced to another sentence, the judge can give its exclusion from the army.

RS 311.0 art. 502. prohibition to exercise an activity, prohibition of contact and geographic ban. / a. ban an activity / Conditions 2. Prohibition of activity, prohibition of contact and geographic ban.
a. Prohibition of activity Conditions if the perpetrator has committed a crime or an offence in the exercise of a profession or an organized non-professional activity and that he was sentenced for that offence to a custodial sentence for more six months or a fine of more than 180 days-fine, the judge can ban him totally or partially the exercise of this activity or comparable activities for a period of six months to five years If there is reason to fear that committing a new crime or offence in the exercise of this activity.
If the author has committed a crime or an offence against a minor or someone else, particularly vulnerable and that there is reason to fear that it will make a new Act of same kind in the exercise of a profession or an organized non-professional activity involving regular contact with minors or other particularly vulnerable persons, the judge may prohibit the exercise of this activity for a period of one to ten years.
If the author has been convicted for any of the following acts to a custodial sentence of more six months, to a penalty of more than 180 days-fine or one of the measures provided for in art. 59-61 and 64 CP, the judge forbade him exercise any professional activity and any organized non-professional activity involving regular contact with minors for a period of ten years: a. forced sex (art. 153), rape (article 154), acts of a sexual nature committed on a person incapable of discernment or resistance (art. 155), and operation of a military situation (art. 157) If the victim is a minor; b. acts of a sexual nature with children (art. 156).

If the author has been sentenced to a custodial sentence more of six months, to a penalty of more than 180 days-fine or one of the measures provided for in art. 59-61 and 64 CPR to one of the following actions on a vulnerable adult, the judge forbade him exercise any professional activity and any organized non-professional activity involving regular contact with adults particularly vulnerable for a period of ten years: forced sexual (art. 153), rape (article 154), acts of a sexual nature committed on a person incapable of discernment or resistance (art. 155)) and operating a military situation (art. 157).
If, as part of a procedure, the author was sentenced to a penalty or a measure for several offences, the judge determines the share of the penalty or measure that corresponds to an offence giving rise to a ban an activity. He ordered a ban on the meaning of the al. 1, 2, 3 or 4 depending on this part, the measure and the offence committed. Penalty units which correspond to several offences entering account for a given ban online add up. The judge may order several prohibitions to exercise an activity.

The judge can ban life within the meaning of para. 2, 3 or 4 if it is to be expected that a period of ten years is not enough to ensure that the author is more danger. At the request of the enforcement authorities, it can extend by five years in more than five years a ban imposed under the al. 2, 3 or 4 when this extension is necessary to prevent the author to commit a new crime or crime the same kind as that resulted in the ban.
The judge may order assistance of probation for the duration of the ban. He commands in all cases if the ban was imposed for an act referred to in para. 3 or 4.

New content according to section I 2 of the Federal Act of 13 Dec. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in effect since Jan. 1. 2015 (2014 2055 RO; FF 2012 8151).
RS 311.0 art. 50a 2. prohibition to exercise an activity, prohibition of contact and geographic ban. / a. ban an activity / content and content breadth and scope are the professional activities within the meaning of art. 50 the activities carried out in the exercise to main or secondary title of a profession, industry or trade. Are organized non-professional activities the activities carried out as part of an association or other organization and not serving not, or not in the first place, for profit.
The prohibition to exercise an activity in the sense of art. 50 is to prohibit the activity of independently, as a body of a legal person or a commercial company or as agent or representative of a third party or the exercise by a person bound by his instructions.
If there is reason to fear that the author to commit offences in the exercise of his activity even though it is according to the instructions and under the control of a superior or a supervisor, the judge totally prohibits the exercise of this activity.
In the cases referred to in art. 50, al. 3 and 4, the activity is always totally prohibited.

New content according to section I 2 of the Federal Act of 13 Dec. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in effect since Jan. 1. 2015 (2014 2055 RO; FF 2012 8151).

Art. b 50, 2. prohibition to exercise an activity, prohibition of contact and geographic ban. / b. contact ban and ban geographic b. contact ban and ban geographic if the perpetrator has committed a crime or a crime against one or more specific persons or members of a certain group, the judge may order a prohibition on contact or a ban geographic lasting more than five years, if there is reason to fear that committing a new crime or offence in the event of contact with these people.
By the prohibition of contact or geographic ban, it can prohibit the: a. to make contact with one or several specific persons or of members of a group determined by phone, in writing or by electronic means, to use, to host, train, monitor, to provide care or to attend any other way; b. to approach a particular person or access a perimeter determined around its housing; c. to attend some places, streets, places, or specific neighborhoods.

The competent authority may provide for the use of a technical device attached to the author for the execution of the ban. This device can be used to locate the author.
The judge may order a probation assistance for the duration of the ban.
It can extend the five-year ban in five years at the request of the enforcement authorities, when this extension is necessary to prevent the author from committing another crime or offence against a minor or someone else, particularly vulnerable.

New content according to section I 2 of the Federal Act of 13 Dec. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in effect since Jan. 1. 2015 (2014 2055 RO; FF 2012 8151).

Art. 50c2. Prohibition of an activity, ban on contact and geographic ban. / c. common provisions / Execution of the ban c. provisions common Execution of the ban pronounced has effect from the day the judgment comes into force.
The duration of the execution of a custodial sentence of freedom or a measure involving deprivation of freedom (art. 59-61 and 64 CP) is not being applied on the ban.
If the author has not undergone the test successfully and that the conditional sentence is executed or reintegration in the execution of a sentence or a measure is ordered, the duration of the ban runs from the day where the author is released conditionally or definitively or from the day where the sanction is handed or thrown.
If the author underwent the test successfully, the competent authority shall decide on the lifting of the ban to the senses of the art. 50, al. 1, or of art. 50b or the limitation of its duration or its content.
The author may request the competent authority to lift the ban or to limit the duration or the content: a. for the bans to the senses of the art. 50, al. 1, and 50b: after a period of at least two years; b. for the bans to limited within the meaning of art. 50, al. 2: after half of the duration of the ban, but after a period of at least three years running; c. for the bans to limited within the meaning of art. 50, al. 3 and 4: after a period of at least five years; d. for the bans to life within the meaning of art. 50, al. 2, 3 or 4: after a period of at least ten years.

If there is more reason to fear that the author committing a new crime or offence in the exercise of the activity in question or in case of contact with identified individuals or members of a certain group, and if it has repaired the damage as much as we could expect from him, the competent authority will lift the ban in the cases provided in paras. 4 and 5.
If the convicted person violates a ban an activity, a prohibition on contact or a geographic ban, if he is evading the probation assistance attached to the ban or even if the probation assistance cannot be carried out or is more necessary, the competent authority shall report to the judge or enforcement authority. The judge or enforcement authority may lift the probation assistance or order a new.
If the convicted person is evading the probation assistance during the trial period, art. 95, al. 4 and 5, CP is applicable.
If the convicted person violates a prohibition of an activity, a prohibition on contact or a geographic ban during the trial period, art. 294 CP and the provisions of the CP on the revocation of the suspension or of the partial suspension and reinstatement in the execution of the sentence or measure shall apply.

Introduced by section I 2 of the Federal Act of Dec. 13. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in effect since Jan. 1. 2015 (2014 2055 RO; FF 2012 8151).
RS 311.0 art. 50d2. Prohibition of an activity, ban on contact and geographic ban. / c. common provisions / change a ban or said later an a ban editing ban or said later a ban if it turns, during the execution of a ban an activity, a ban on contact a ban geographic, the author meets the conditions to an extension of the ban or a ban of this type, the judge may, at a later stage, extend the ban or order a new on demand of the enforcement authorities.
If, during the execution of a custodial sentence of freedom or a measure involving deprivation of liberty, that the author meets the conditions of a ban within the meaning of art. 50, al. 1 or 2, or of art. 50b, the judge may, at a later date, order the ban at the request of the enforcement authorities.

Introduced by section I 2 of the Federal Act of Dec. 13. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in effect since Jan. 1. 2015 (2014 2055 RO; FF 2012 8151).

Art. 50th 3. Prohibition from driving 3. Driving ban if the author has used a motor vehicle to commit a crime or an offence, the judge may order jointly to a penalty or a measure provided for in arts. 59 to 64 CP the withdrawal of the student driver or permits the licence for a period of one month to five years if there is reason to fear further abuse.

Formerly art. 50A RS 311.0 art. 50f4. Publication of the judgment 4. Publication of the judgment if the public interest, the interest of the injured party or the interests of the person entitled to make a complaint so require, the judge shall order the publication of the judgment at the expense of the convicted person.
If the public interest, the acquitted accused's interest or the interest of the person released from any charge so require, the judge ordered the publication of the judgment of acquittal or the decision to release of the prosecution at the expense of the State or the informant.

The publication in the interests of the injured party, to the person entitled to file a complaint, the acquitted accused or person free from any charge takes place only at their request.
The judge fixed the details of publication.

Formerly art. 50b art. 51 5. Confiscation. / a. Confiscation of dangerous objects 5. Confiscation.
a. Confiscation of dangerous objects so that no particular person is punishable, the judge pronounce the confiscation of objects that have been used or were to be used to commit an offence or which are the proceeds of an offence, if these things compromise the safety of individuals, morality or public order.
The judge may order that the confiscated objects be put out of use or destroyed.

Art. a 51, 5. Confiscation. / b. Confiscation of assets. / Principles b. Confiscation of assets.
Principles the judge pronounce the confiscation of the assets which are the result of an offence or were intended to decide or to reward the author of an offence, if they are not to be returned to the injured party for reinstatement of his rights.
The confiscation is not pronounced when a third party has acquired values in ignorance of the facts it would have justified, and cela insofar as it provided a proper consideration or if the confiscation is excessive rigour.
The right to order the confiscation of values prescribed by seven years, unless the prosecution of the offence in question is subject to a requirement of a longer duration; It is applicable.
The decision on confiscation is being an official notice. The claims of injured or third turn off five years after this notice.
If the amount of securities subject to the confiscation cannot be determined accurately or if this determination requires disproportionate, the judge may make an estimate.

Art. b 51, 5. Confiscation. / b. Confiscation of assets. / Claim compensatory claim compensatory when the assets to be confiscated are no longer available, the judge ordered their replacement by a compensatory debt of the State of an equivalent amount; It cannot be pronounced against a third party only to the extent that the conditions provided for in art. 51, art. 2, are not fulfilled.
The judge may give up totally or partially offsetting debt if it is to be expected that she would be not recoverable or that it would seriously impede the reintegration of the person concerned.
The investigating authority can place in receivership, for execution of a compensatory debt, assets belonging to the person concerned. The receiver does not right of preference in favour of the State during the execution of the compensation claim.

Art. 52 5. Confiscation. / b. Confiscation of assets. / Confiscation of assets of a criminal organization Confiscation of assets of a criminal organization the judge pronounce the confiscation of all assets over which a criminal organization has power of disposal. The values belonging to a person who has participated or provided support to a criminal organization (art. 260 CP) are presumed to be submitted until proof to the contrary, the power of the organization.

RS 311.0 art. 53 6. Allocation to the injured 6. Allocation to the injured party if a crime or misdemeanour has caused a person injury which is covered by any insurance and if there is reason to fear that the author will not repair the damage or moral harm, the judge allocates to the injured party, at his request, to the extent of damages or the moral compensation set by a judgment or a transaction : a. the amount of pecuniary punishment or a fine paid by the convicted person; b. the objects and assets confiscated or the proceeds from their realization, under deduction of fees; c. compensatory claims.

The judge may order this measure only if the injured gives to the State a corresponding part of his claim.
The cantons provide a simple and rapid procedure for the case where it is not possible to order this allowance in the criminal judgment.

Title 4 of probation, rules of conduct and assistance social optional art. Application of the Application of the art CP CP 54. 93 to 96 CP are applicable.

RS 311.0 title 5 Prescription art. 55 1. Prescription of the criminal action. / Time limits 1. Prescription of the criminal action.
Possible criminal action is prescribed: a. by 30 years if the maximum penalty is life imprisonment; b. by fifteen years if the maximum penalty is deprivation of liberty for more than three years; c. by ten years if the maximum penalty is imprisonment of three years; d. by seven years if the maximum penalty for which is another sentence.

In the event of acts of sex with children (art. 156) and offences provided for in art. 115, 117, 153 to 155 and 121 directed against a child under the age of 16 years, the prescription of the criminal action runs in any case until the day where the victim is 25 years old.
Prescription runs more if, before its expiry, a trial judgment was made.
The prescription of the criminal action in the event of acts of sex with children (art. 156) and offences provided for in art. 115 to 117, 153 to 155 and 121 directed against a child under 16 years of age committed before the entry into force of the amendment of October 5, 2001 is fixed according to the al. 1 to 3 if it has not yet expired on that date.

New content according to section I 2 of the Federal Act of 21 June 2013 (extension of time limits), in force since Jan. 1. 2014 (2013 4417 RO; FF 2012 8533).
RO 2002 2993 and 3146 art. 56 1. Prescription of the criminal action. / Starting point Starting Point prescription runs: a. on the day where the author worked his guilty; (b) from the day of the last act if this activity is performed repeatedly; c. the day where the guilty actions have stopped if they have a certain duration.

Art. 57 2. Prescription of sentencing. / Time 2. Prescription of sentencing.
Time penalties are prescribed: a. by 30 years if a custodial sentence to life was pronounced; b. by 25 years if a custodial sentence of at least 10 years has been pronounced; c. by 20 years if a custodial sentence of five years at least, but less ten years has been pronounced; d. by fifteen years if a custodial sentence of more than a year but less than five years was made; e. by five years if a sentence.

The period of prescription of a custodial sentence is extended: a. duration of uninterrupted execution of this sentence, with another deprivation of liberty or action performed immediately before; (b) the duration of the test in the case of parole.

Degradation is imprescriptible.

Art. 58 2. Prescription of sentencing. / Starting point Starting Point the limitation period runs from the day when the judgment becomes enforceable. In case of a conditional sentence or earlier execution of a measure she runs on the day where the execution of the sentence is ordered.

Art. 59 3. Imprescriptibility 3. Imprescriptibility are imprescriptible: a. the genocide (art. 108); (b) crimes against humanity (art. 109, paras. 1 and 2); c. war crimes (art. 111, para. 1-3, 112, para. 1 and 2, 112a, paras. 1 and 2, 112b, 112c, paras. 1 and 2, and 112d); d. the crimes committed to exercise a constraint or an extortion and that endanger or threaten to endanger the life and bodily integrity of a large number of personnes, notamment par l'utilisation de moyens d'extermination massifs, par le déclenchement d'une catastrophe ou par une prise d'otage.e. la contrainte sexuelle (art. 153), le viol (art. 154), les actes d'ordre sexuel commis sur une personne incapable de discernement ou de résistance (art. 155), les actes d'ordre sexuel avec des enfants (art. 156, ch. 1) et l'exploitation d'une situation militaire (art. 157) When they were committed on children under 12.

The judge may mitigate the sentence where the criminal action is prescribed under art. 55 and 56.
The al. 1, let. a, c and d, and 2 are applicable if the criminal action or the penalty was not prescribed on January 1, 1983, under the law applicable until that date. The al. 1, let. b, is applicable if the criminal action or the penalty was not prescribed at the entry into force of the amendment of June 18, 2010, of this code under the law applicable to that date. The al. 1, let. e, is applicable if the criminal action or the penalty was not prescribed on November 30, 2008 under the law applicable to that date.

Introduced by no I 3 of the Federal Act of 15 June 2012 (imprescriptibility of acts of sexual or pornographic committed on prepubertal children), in force since Jan. 1. 2013 (2012 5951 RO; FF 2011 5565).
New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Sentence introduced by no I 3 of the Federal Act of 15 June 2012 (imprescriptibility of acts of sexual or pornographic committed on prepubertal children) in force since Jan. 1. 2013 (2012 5951 RO; FF 2011 5565).

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Title 6 liability of the company art. 59 criminal liability criminal liability in a crime or an offence that is committed within a company in the exercise of commercial activities in line with its goals is charged to the company if it cannot be attributed to any physical person determined because of the lack of organization of the company. In this case, the company is punishable by a fine of five million francs at most.
In the case of an offence provided for in arts. 141 or 141, the company is punished regardless of the criminal liability of the natural persons if it is to be accused of not taking all measures of organisation reasonable and necessary to prevent such a breach.
The judge fixed the especially fine according to the gravity of the offence, the lack of organization and the damage caused, and according to the economic capacity of the company.
Are companies within the meaning of this title: a. legal persons in private law; (b) the legal persons of public law, with the exception of territorial corporations; c. companies; d. one-man businesses.

Art. 59b Procedure criminal proceedings criminal proceedings directed against the company, the latter is represented by a single person, who must be authorized to represent the company in civil cases without restriction. If, at the end of a period of time reasonable, the company has not appointed a representative, the investigating authority or the judge designates who among the people with the capacity to represent the company on the civilian side, represents the latter in criminal proceedings.
The person representing the company in the criminal procedure has the rights and obligations of an accused person. Others referred to in para. 1 do not have the obligation to testify in court.
If a criminal investigation is opened for the same facts or related facts against the person who represents the company in criminal proceedings, the company designates another representative. If necessary, the investigating authority or the judge designates another representative within the meaning of para. 1 or, failing that, a third qualified.

Title 7 tickets art. 60 definition Definition are tickets the offences subject to a fine.

Art. 60a Application of the provisions of the first part of the provisions of the first part the provisions of titles 1 to 6 of part 1 of this code apply to contraventions, subject changes resulting from the following items.

Art. 60b Restrictions in the application of the Restrictions in the application the provisions on the suspension and the partial sentence (arts. 36 and 37) and those on the responsibility of the company (article 59A and 59B) are not applicable in case of breach.
The attempt and complicity are punishable only in the cases expressly provided for by law.
Measures involving deprivation of liberty (art. 59-61 and 64-CP), the prohibition of activity (art. 50), the ban on contact and geographic ban (art. 50b) as well as the publication of the judgment (art. 50f) can be ordered only in the cases expressly provided for by law.

RS 311.0 new content according to section I 2 of the Federal Act of 13 Dec. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in effect since Jan. 1. 2015 (2014 2055 RO; FF 2012 8151).

Art. maximum 60 c fine fine unless otherwise provided in the Act, the amount of the fine is 10,000 francs.
The judge pronounced in his judgment, for the case where, in a faulty way, the convicted person does not pay the fine, a custodial sentence in substitution for a day at least and three months at the most.
The judge fixed the fine and the imprisonment of substitution, taking into account the situation of the author so that the punishment matches the offense.
The subsequent payment of the fine results in a proportional reduction of the custodial sentence of substitution.
The art. 29 and 30, al. 2 to 5, shall apply by analogy to execution and the conversion of the fine.

Art. 60 d work of interest general work of general interest with the consent of the author, the judge may order, in place of the fine work of general interest for a period of 360 hours at most.
The enforcement authority a deadline of up to a year for the completion of the work of general interest.
If, despite a warning, the convicted person does not perform the work of general interest, the judge orders the execution of the fine.

Art. 60th Prescription Prescription prosecution and sentencing prescribes three years.

Part 2 of the various crimes or offences Chapter 1 Insubordination art. 61desobeissance disobedience the person who intentionally did not obey an order concerning the service, addressed to itself or to the troupe which she belongs, will be punished with a custodial sentence of more than three years or a monetary penalty.
If it acted negligently, a fine may be imposed.
The offence will be punished according if it is minor.
In times of war, the judge may pronounce a custodial sentence. He can pronounce a custodial sentence to life if disobedience took place in front of the enemy.

New content according to the No. IV let. b of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).
New content according to chapter I of the Federal Act of 3 October. 2008 (Mod.s arising out of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).

Art. 62 assault. Threats assault. Threats which have threatened a leader or a superior, or who themselves will be delivered to the assault on the person of a head or a senior, will be punished with deprivation of freedom of three years at the most or a monetary penalty.
The offence will be punished according if it is minor.
In times of war, the judge may pronounce a custodial sentence up to five years.

New expression according to section II 1 al. 2 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New content according to section I 2 of the Federal Act of March 23, 1979, in force since Jan. 1. 1980 (1979 1037 RO; FF 1977 II. 1)
New expression according to section II 1 al. 1 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
Introduced by section I 2 of the Federal Act of March 23, 1979, in force since Jan. 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Art. Mutiny mutiny 1 63. One who, together with others, will, in a crowd or in another way, participated in a refusal of obedience, threats or assault to a leader or a superior, shall be punished with deprivation of liberty or a monetary penalty.
The offence will be punished according if it is minor.
The leaders will be punished more severely; It will be the same officers and NCOs who have taken part in the mutiny.
2. If the mutiny took place in front of the enemy, the judge may pronounce a custodial sentence to life.

New expression according to section II 1 al. 15 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 64 conspiracy plot 1. Who is will be attached to others or concerted with others to prepare a mutiny, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.
2. in times of war, the judge may pronounce a custodial sentence.

Art. 65 crimes or offences against military guard Crimes or offences against a military guard disobedience, assault, threats, the mutiny or conspiracy directed against a military guard will be punished as the same acts directed against a Chief or a senior.

Chapter 2 abuse of powers by the service article 66 abuse of power to direct abuse of power to give orders who has abused his power to give orders to a subordinate or has a lower to make orders or completely unrelated to the service requirements, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Art. 67 abuse of the power to punish abuse of power to punish one who has overstepped its power to impose disciplinary penalties will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Art. 68 a complaint a complaint 1 deleting deleting. One who, in order to intercept a complaint or a disciplinary action of a subordinate, or a criminal information, them will be retained or done away with, totally or partially, that a complaint or disciplinary appeal, has reported that he knows to be inaccurate,

will be punished with a custodial sentence of more than three years or a monetary penalty.
2. the offence will be punished according if it is minor.

Art. 69 usurpation of power Usurpation of powers who have no power to give orders or to punish, to be assumed such a power, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Art. 70 endangerment of a subordinate endangerment of a subordinate who, without sufficient service pattern, will be exposed to a serious danger the life or health of a subordinate or a lower, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Art. 71 assault. Threats assault. Threats which themselves will be delivered to the assault on the person of a subordinate or a lower, or who will have threatened a subordinate or one less, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Chapter 3 Violations of the duties of the service article 72Inobservation of the requirements of service failure to comply with the requirements of service the person who, intentionally, has contravened a regulation or another prescription will be punished to a monetary penalty of 180 days-fine at most.
If it acted negligently, a fine may be imposed.
The offence will be punished according if it is minor.
In times of war, the judge may pronounce a custodial sentence or a fine.

New content according to the No. IV let. b of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).
New content according to chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).

Art. 73 abuses and squandering of material abuse and dilapidation of equipment 1. One that will be used abusively, alienated, pawned, disappear or abandoned, intentionally or negligently damaged, left damage or lost weapons, ammunition, equipment materials, horses, vehicles or other things to him entrusted or given on the occasion of the service, which will be used abusively such things that are accessible, will, if no other criminal provision is applicable punished with a custodial sentence of more than three years or a monetary penalty.
2. the offence will be punished according if it is minor.
3. in time of war, the judge may pronounce a custodial sentence.

Art. 74lachete cowardice of those who, before the enemy and cowardice, will be hid, will have fled, or will be abandoned without his position, shall be punished with deprivation of freedom for life or a custodial sentence.

New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).
New expression according to section II 1 al. 16 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 75Capitulation surrender the Commander of a fort or other fortified place will have capitulated without having exhausted all possible means of defence, the troop commander who, in combat, has abandoned his post or will have visited with his troop without having done everything required of him, by his military duty will be punished with a custodial sentence of life or a custodial sentence.

New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 76 crimes or offences of Crimes custody or custody offenses 1. One who, intentionally or negligently, to will be unable to perform the duties imposed by the service guard, one who, without authorization, will have left his guard post or will, somehow, has contravened any regulations on child care, will be punished with a custodial sentence of more than three years or a monetary penalty.
2. the offence will be punished according if it is minor.
3. in time of war, the judge may pronounce a custodial sentence. He can pronounce a custodial sentence to life if the offence was committed intentionally in front of the enemy.

New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 77Violation the secret of service Violation of the secrecy of service 1. Who has revealed a secret to him confided in his capacity of Member or official, or which he had knowledge of his military situation or its function, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.
2. the revelation remains punishable even while the military situation or function has ended.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 78Faux in service documents false in service documents 1. Who has created a false document with respect to service or falsified such a document, or abused the signature or brand real for others to produce such a document supposed, or found or falsely, found in such a document, a fact having legal effect, handmade one who, to deceive others, will have made use of such a document created or tampered with by a third party one who, without right, will be destroyed or made disappear a document relating to the service.
will be punished with a custodial sentence of more than three years or a monetary penalty.
2. the offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 79 misprision of crime or concealment of crimes or offences offences who have not denounced a mutiny (art. 63), desertion (art. 83) or project of treason (art. 86-91), which he is aware, will be, if the offence has been committed or attempted, punished to imprisonment of three years at the most or a monetary penalty.
The offence will be punished according if it is minor.
The offender will incur no penalty if its relationship with the accused person are narrow enough to make his excusable behaviour.

Currently 'art. 81' art. 80 drunkenness drunkenness 1. One who is intoxicated, will have caused a public scandal, will be punished with a penalty of 90 days-fine at most.
2. one who is in a State of irresponsibility caused by drunkenness or intoxication due to his fault, will have committed an act punishable as a crime or offence, will be punished with a penalty of 180 days-fine at most.
The punishment is a custodial sentence of more than three years or a fine if the custodial sentence is the only penalty under the provision which punishes the act committed in that State.
3. the offence will be punished according if it is minor.

New expression according to section II 1 al. 11 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New expression according to section II 1 al. 12 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New content from 2 by. According to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Chapter 4 violations of the duty to serve art. 81Refus to serve and refusal to serve desertion and desertion is punishable with deprivation of liberty of 18 months at the most or a monetary penalty the person who, with the intention to refuse military service: a. does not participate in the information or the recruitment day; (b) does not in the military service, although she has been summoned c. abandons his troop or military unauthorized employment; d. joined not his troupe after a justified absence; e. refuses, after entering into service, executing an order concerning service was addressed to him.

For an act punishable according to para. 1, a monetary penalty or a work of general interest do not come into consideration when sentencing is subject to an exclusion of the army according to art. 49. in the case of active service, the punishment is a custodial sentence or a fine.
One who, Member of a religious community, refused military service for religious reasons and not admission to the civil service application file will be found guilty and will be subject to a public interest work whose duration will generally set according to art. 8 of the Federal Act of 6 October 1995 on the civil service. The duty to work is performed as part of the civil service and according to the related regulations. The judge may decide the exclusion from the army.

One who can demonstrate credibly that he cannot reconcile a training service for obtaining a higher grade with his conscience, but is ready to perform military service within the limits of his current rank, is forced to work in the public interest. As a general rule, the duration of this call is equivalent to 1.1 times the service life of instruction which would have been necessary for obtaining the top grade; the call is executed as part of the civil service and according to the regulations that govern.
The federal Council enacts the supplementary provisions necessary to the execution of the penalty payment at work within the meaning of the al. 3 and 4.
Subject to art. 84, the author will not punishable: a. If he is admitted to the civil service; b. If it is assigned to the service without a weapon; c. If he is declared unfit for military service and that incapacity already existed when the refusal to serve.

New content according to Chapter 5 of the annex to the Federal Act of 6 October. 1995 on the civil service, in effect since Oct. 1. 1996 (RO 1996 1445; FF 1994 III 1597).
New content according to the No. IV let. b of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).
Introduced by the No. IV let. b of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).
RS 824.0 art. 82Insoumission and unjustified absence insubordination and unjustified absence will be punished with a penalty of 180 days-fine as the person who, without having the purpose to refuse military service: a. does not participate in the information or the recruitment day; (b) does not in the military service, although she has been summoned c. abandons his troop or military unauthorized employment; d. joined not his troupe after a justified absence.

In minor cases, the guilty person will be punished according.
In the case of active service, the punishment is a custodial sentence of more than three years or a fine.
If, subsequently, the author presents spontaneously to perform his service, the judge may mitigate the sentence (art. 42A).
Subject to art. 84, the author will not punishable if he is declared unfit for military service, and if the incapacity already existed when the insubordination.

New content according to Chapter 5 of the annex to the Federal Act of 6 October. 1995 on the civil service, in effect since Oct. 1. 1996 (RO 1996 1445; FF 1994 III 1597).
New content according to chapter I of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).
New content according to section II 2 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 83Insoumission by insubordination by negligence negligence will be punished a fine person who by negligence: a. does not participate in the information or the recruitment day; (b) does not in the military service, although she has been summoned c. abandons his troop or military unauthorized employment; d. joined not his troupe after a justified absence.

In minor cases, the guilty person will be punished according.
In case of active service, the judge may pronounce a penalty of 90 days-fine at most.
Subject to art. 84, the author will not punishable if he is declared unfit for military service, and if the incapacity already existed when the insubordination by negligence.

New content according to Chapter 5 of the annex to the Federal Act of 6 October. 1995 on the civil service, in effect since Oct. 1. 1996 (RO 1996 1445; FF 1994 III 1597).
New expression according to section II 1 al. 5 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New content according to chapter I of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).

Art. 84Inobservation of a summons to military service compliance with a summons to the military service who, without committing a refusal to serve, a refusal or a refusal by negligence, not follow a summons for the information, recruiting or military service day, although it is able to enter service, will be punished a fine.
In minor cases, the guilty person will be punished according.

New content according to Chapter 5 of the annex to the Federal Act of 6 October. 1995 on the civil service, in effect since Oct. 1. 1996 (RO 1996 1445; FF 1994 III 1597).
New content according to chapter I of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).

Art. 85 illegal failure to join Omission illicit to join who in time of war, having been separated from his body, will be omitted to join or join the nearest body, one who, having been captured, will be omitted, at the end of his captivity, and before the end of the war, to be announced immediately to a troop or military authority will be punished with a custodial sentence of more than three years or a monetary penalty.

Chapter 5 offences against national defense and defense strength of the country art. 86 1. Betrayal. / Espionage and treason by violation of military secrets 1. Betrayal.
Espionage and treason by violation of military secrets 1.  One who, to make known or accessible to a State or one of its agents, facts, provisions, methods, or objects to be kept secret in the interest of national defence because their disclosure would jeopardize the accomplishment of the mission of essential parts of the army, who intentionally, will be made known or made available to a foreign State or its agents will be spied facts, provisions, procedures or objects to be kept secret in the interest of national defence because their disclosure would jeopardize the accomplishment of the mission of essential parts of the army, will be punished with a custodial sentence.
2. the penalty shall be deprivation of liberty for at least three years if these acts were committed while troops are set up for active service. The judge may pronounce a custodial sentence to life if these acts have impeded or compromised operations of the Swiss army.
3. the punishment is a custodial sentence of more than three years or a fine if the offender acted negligently.

New content according to chapter II of the Federal Act of 10 October. 1997, in force since April 1, 1998 (RO 1998 852; FF 1996 IV 533).
New content according to chapter II of the Federal Act of 10 October. 1997, in force since April 1, 1998 (RO 1998 852; FF 1996 IV 533).
New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 86a 1. betrayal. / Sabotage Sabotage those who will be destroyed or damaged facilities or things for the army, or in will be compromised usage, one who has not executed a contract performance for the army or not will have not executed in accordance with the contract, one that will prevent an authority or an official to exercise his activity, or will be disturbed or compromise this activity, one that will be made , will be provided, or will be kept, used or transmitted to others of the clothing material equipment or insignia of the army, or of its subsidiary organizations, and knowingly, will, thereby adversely affected the national defence or compromise it, will be punished with a custodial sentence of three years or a monetary penalty and, in severe cases , to a custodial sentence of at least a year.

Introduced by chapter I of the Federal Act of 13 June 1941 (RO 57 1301; FF 1940 1021). New content according to chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133). According to no I 1 al. 2 of the Federal Act of March 23, 1979 (RO 1979 1037), leap articles, etc. were replaced in all this code by the points a, b, etc.
New expression according to section II 1 al. 17 of the Federal Act of 21 March 2003, in force since the 1janv. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 87 1. Betrayal. / Betrayal military military betrayal 1. One who, intentionally, and while troops are set up for active service, will be hindered or compromised operations of the Swiss Army by a direct action, including those who will be damaged or destroyed ways of communication or information from the army, installations or objects for the army, or who will be prevented or disturbed the operation of establishments serving in the army shall be punished with deprivation of liberty for at least three years.
2. those who, intentionally, and while troops are set up for active service, will have indirectly obstructed or compromised operations of the Swiss Army, including one that will be disturbed the order public or which will be prevented or troubled operations necessary for the population or military administration, shall be punished with deprivation of liberty or a fine of at least 180 days-fine.
3. in severe cases, the judge may pronounce a custodial sentence to life.
4. the punishment is a custodial sentence of more than three years or a fine if the offender acted negligently.


New expression according to section II 1 al. 18 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 881 betrayal. / Snipers snipers those who in times of war, will be engaged in acts of hostility against the Swiss Army, without belonging to the enemy force recognized by the Switzerland, shall be punished with deprivation of liberty to life or with deprivation of liberty for at least three years.

New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 89-1. Betrayal. / Spreading false information spreading false information that who, intentionally and while troops are set up for active service, will be hampered or compromise the Swiss Army operations by propagating false information, shall be punished with deprivation of freedom or a penalty of 60 days-fine at least.
The punishment is a custodial sentence of more than three years or a fine if the offender acted negligently.

New expression according to section II 1 al. 19 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 901 betrayal. / Carry arms against the Confederation Porter arms against the Confederation all Switzerland which, without being forced, aura in a war taken service in an enemy army or carried arms against the Confederation will be punished with a custodial sentence.
In severe cases, the judge may pronounce a custodial sentence to life.

New content according to chapter II 1 al. 25 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 91 1. Betrayal. / Services rendered to the Services rendered to the enemy 1 enemy. One that will be delivered to the enemy of objects used for national defence, who will be favored the enemy by services or deliveries, one who has been involved or supported a loan issued by a State at war with the Switzerland, shall be punished with deprivation of freedom or a financial penalty of at least 180 days-fine.
2. in severe cases, the judge may pronounce a custodial sentence to life.

New content according to chapter I of the Federal Act of 20 March 1992, in force since Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 92 2. Violation of neutrality. / Acts of hostility against a belligerent or foreign troops 2. Violation of neutrality.
Acts of hostility against a belligerent or foreign troops who the Switzerland neutral territory, will be undertaken or promoted acts of hostility against a belligerent, who will turn himself in acts of hostility against foreign troops allowed in Switzerland, shall be punished with deprivation of liberty or a monetary penalty.

Art. 93 2. Violation of neutrality. / Military espionage to the prejudice of any foreign military espionage against a foreign State 1.  Who on Swiss territory, will have collected military information to a foreign State to the prejudice of another foreign State or will be organized such a service, who will have hired others to such a service or promoted such acts will be punished with a custodial sentence of more than three years or a monetary penalty.
2. in severe cases, the judge may pronounce a custodial sentence.
3. correspondence and material will be confiscated.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 943. violations of the country's defensive power. / Foreign military service 3. Attacks on the country's defensive power.
Foreign military service all Switzerland which, without the authorization of the federal Council, took the service in a foreign army, will be punished with a custodial sentence of more than three years or a monetary penalty.
The Switzerland who is established in another State, which he also has citizenship, and accomplished military service is not punishable.
Who will be enlisted a Switzerland for foreign military service or will have favored the enlistment, will be punished with a custodial sentence of more than three years or a monetary penalty of 30 days-fine at least. The financial penalty is combined with the custodial sentence.
In times of war, the judge may pronounce a custodial sentence.

New content according to chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133).
New expression according to section II 1 al. 20 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 95 3. Attacks on the country's defensive power. / Maiming Mutilation 1. Those who, by a mutilation or any other method, will be, by his own hand or by that of a third party, rendering, permanently or temporarily, totally or partially unfit for military service, who, with the consent of the person concerned will be, by a mutilation or any other process, rendered another person, on a permanent or temporary, totally or partially unfit for military service will be punished with a custodial sentence of more than three years or a monetary penalty.
2. in times of war, the judge may pronounce a custodial sentence.

Art. 96 3. Attacks on the country's defensive power. / Fraud to Dodge military service fraud to Dodge military service those who, in order to evade or avoid a third, on a permanent or temporary, military service, will be used means intended to deceive the authorities competent, military or civilian, shall be punished with deprivation of freedom of three years at the most or a monetary penalty.
The offence will be punished according if it is minor.

Art. 973. violations of the country's defensive power. / Breach of contractual obligations, breach of contractual obligations 1. Those who intentionally and while troops are set up for active service, will not run of the contractual for the army or will not carried out in accordance with the contract, will be punished with a custodial sentence of five years at the most or a monetary penalty.
The punishment is a custodial sentence of more than three years or a fine if the failure results from the negligence.
2. the subcontractors, brokers or employees incur the same penalties if it's their fault that the contract has not been performed.

New content according to chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133).
New expression according to section II 1 al. 3 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 98 4. Military security breaches. / Provocation and incitement to breach of military duties 4. Military security breaches.
Provocation and incitement to breach of military duties 1.  One who will be publicly caused disobedience to a military order, a breach of the duties of the service, refusal to serve, or desertion, one that will have encouraged a person permanently bound to the service to commit any of these offences, shall be punished to imprisonment of three years at the most or a monetary penalty.
2. the penalty shall be deprivation of liberty or a fine if the offender has caused or induced to desertion on active service, the mutiny or conspiracy.
3. the penalty shall be deprivation of liberty if the provocation or incitement took place in front of the enemy.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 994 military security breaches. / Against military discipline against military discipline who has founded a group who is or whose activity is to ruin the military discipline, especially to provoke or make people subject to the personal service to disobeying military orders, in violation of the duties of the service, refusal to serve, or desertion, one who will have joined such a group or will be associated with its activities one that would have resulted in the establishment of such a group or will be complied with his instructions, will be punished with a custodial sentence of more than three years or a monetary penalty.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 1004 military security breaches. / Obstacle to military service military service who will be prevented or disturbed a military in the exercise of his service obstruction will be punished with a penalty of 180 days-fine at most.
In the case of active service, the punishment is a custodial sentence of more than three years or a fine.
The offence will be punished according if it is minor.

New content according to section I 2 of the Federal Act of March 23, 1979, in force since Jan. 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Art. 101 4. Military security breaches. / Insults to a military insults to a military

One who, while troops are set up for active service, will be publicly reviled military, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.
The judge may exempt the offender of any penalty if the insulted directly caused injury by improper conduct.

Art. 102 4. Military security breaches. / Preparation of false information Preparation of false information will spread the who, so that troops are set up for active service, information which he knows the falsity, in order to hinder or frustrate the measures ordered by the authorities or the commanders of troops, to encourage the cast to insubordination or spread the alarm in the population shall be punished with deprivation of liberty or a monetary penalty.

Art. 1034 military security breaches. / Falsification of orders establishing or Falsification of orders or instructions 1 set up instructions. One who, intentionally, aura forged, falsified, destroyed or removed an order to attend the recruitment, an order on foot, a market order or statement intended for citizens subject to military service, one making use of such an order or such counterfeit or falsified, instruction will be punished with deprivation of liberty or a monetary penalty.
2. the punishment is a custodial sentence of more than three years or a fine if the offender acted negligently.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 104 4. Military security breaches. / Incentive internees or prisoners of war to insubordination incentive internees or prisoners of war to the rebelliousness that has prompted an internal or a prisoner of war to obey a military order or violate its duties of service, will be punished for of a custodial sentence of more than three years or a monetary penalty.
The punishment is a custodial sentence or a fine if the offender has prompted an internal or a prisoner of war to the mutiny or conspiracy.

Art. 105 4. Military security breaches. / Break internees or prisoners of war to escape internees or prisoners of war 1. One who by using violence, threat or ruse, will broke an internal or a prisoner of war, or it will have ready assistance to escape, will be punished with a custodial sentence of more than three years or a monetary penalty.
2. If the offence was committed by a danger crowd, all those who have taken part in the crowd will be punished to a custodial sentence of more than three years or a monetary penalty.
Those who have committed violence against people or property, shall be punished with deprivation of liberty of more than three years or a monetary penalty of 30 days-fine at least.

New expression according to section II 1 al. 21 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 1064 military security breaches. / Violation of military secrets Violation of military secrets who intentionally, will be published, otherwise made known or made accessible to third parties not authorized, documents, objects, provisions, procedures or the facts to be kept secret in the interest of national defence or under contractual obligations, because their disclosure would jeopardize the accomplishment of the mission of essential parts of the army , will will be appropriate, will be reproduced or copied without the right of such documents or objects, will be punished with a custodial sentence of more than five years or a monetary penalty.
In the case of active service, the punishment is a custodial sentence.
The punishment is a custodial sentence of more than three years or a fine if the offender acted negligently.
The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of 5 October. 1967, in effect since March 1, 1968 (RO 1968 228; 1967 I 605 FF).
New content according to chapter II of the Federal Act of 10 October. 1997, in force since April 1, 1998 (RO 1998 852; FF 1996 IV 533).
Introduced by section I 2 of the Federal Act of March 23, 1979, in force since Jan. 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Art. 1074 military security breaches. / Disobedience to measures taken by the military authorities and civil disobedience to measures taken by the military authorities and civil who has, intentionally or through negligence, breached the published orders or general orders that the federal Council, a cantonal government or one other civilian authorities or competent military will be issued for safeguarding military interests or neutrality in the exercise of its police powers one who will intentionally violated special orders or advice provided for the safeguarding of the interests of the military by a military authority, a military or civil authority, will be, if no other criminal provision is applicable, punished with deprivation of liberty from three years or a monetary penalty or, in the case of minor, internees.

New content according to chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133).

Chapter 6genocide and crimes against humanity article 108 genocide Genocide is punished with deprivation of freedom for life or a custodial sentence of ten years at least anyone who, with the intention to destroy in whole or in part a national, racial, religious, ethnic, social group, or political, as such: a. kills members of the group or put through a serious attack on their physical or mental integrity; b. submits the members of the group to living conditions before its total destruction or partial; c. ordered or takes measures to hinder the births within the Group; d. transfers or is forcibly transferring children of the group to another group.

Art. 109 crimes against humanity / j. other inhumane acts Crimes against humanity is punished with a custodial sentence of five years to less than anyone, as part of a widespread or systematic launched against the civilian population: a. murder a. intentionally kills a person.
(b) Extermination b. kills many people with premeditation or imposed on the population of life conditions to result in its destruction, with the intention to destroy in whole or in part;
c. Reduction to slavery c. has a person in arrogating on it a right to property, especially in the context of trafficking humans, sexual exploitation or forced labour.
d. Sequestration d. inflicts on a person severe deprivation of liberty in violation of fundamental rules of international law;
e. disappearances e. intending to subtract a person to the protection of the law for a prolonged period: 1 denies her freedom on behalf or with the consent of a State or a political organization, any indication of the fate that is reserved or on the place where she then denied, 2 refuses any indication of the fate that is reserved or the place where it is on behalf of a State or an organization policy or in contravention of a legal obligation;

f. Torture f. inflicts great suffering on a person in his custody or under his control or seriously violates his bodily integrity or his physical or mental health;
(g) infringement of the right to self-determination sexual g. violates a person of the female sex, has her while she was made pregnant against her will with intent to change the composition of ethnic population, forced a person to undergo a sex of comparable gravity, the forced her into prostitution or sterilize of strength;
h. Deportation or forcible transfer of population h. deport people from the region where they are legally or transfers them force;
i. Persecution and apartheid i. has severely affected the human rights of members of a group of people by denying them or by stripping them of these rights for reasons political, racial, ethnic, religious or social or otherwise contrary to international law, in relation to any of the acts referred to in chapters 6 and 6 or to oppress or systematically dominate a racial;
j. other acts inhuman j. commits any other Act of a gravity comparable to that of the crimes covered by this paragraph and inflicts so a person suffering or door seriously damage to bodily integrity or his physical or mental health.
If the Act is particularly serious, particularly if it affects a large number of people or that its author is with cruelty, the judge may pronounce a custodial sentence to life.
In the case of less serious in the al. 1, let. c to j, the judge may impose a custodial sentence of one year at least.

Chapter 6 Crimes of war art. 1101 scope 1. Scope of application

The art. 112 to 114 shall apply in the context of an international armed conflict, including in situations of occupation, and, if the nature of the offence does not, exclude it in the context of non-international armed conflict.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 1112. serious offences to the conventions of Geneva 2. Serious offences to the conventions of Geneva is punished with deprivation of freedom for five years at least anyone who commits, in the context of an international armed conflict, a serious offence in the 12 August 1949 Geneva conventions, i.e. one of the following acts against persons or property protected by one of these conventions: a. murder; (b) taking of hostages; c. imposition to a person of great suffering or damage serious to his bodily integrity or his health physical or mental, including through torture, inhuman treatment or biological experiments; d. destruction or appropriation of property not justified by military and executed large scale needs; e. forced made to a person to serve in the forces of a hostile power; f. deportation, transfer or detention illegal people; g. denial of a regular and impartial trial before the imposition or enforcement of a sentence.

The acts referred to in para. 1 which are committed in the context of non-international armed conflict are considered serious violations of international humanitarian law if they are directed against a person or property protected by this law.
If the Act is particularly serious, particularly if it affects a large number of people or that its author is with cruelty, the judge may pronounce a custodial sentence to life.
In the case of less serious in the al. 1, let. c to g, it may pronounce a custodial sentence of at least a year.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Conv. Geneva on 12 August 1949 to improve the fate of the wounded and sick in armed forces in the field (CG I), RS 0.518.12; conv. Geneva of August 12, 1949, to improving the fate of the wounded, sick and shipwrecked of the armed forces at sea (CG II), RS 0.518.23; conv. Geneva on 12 August 1949 relative to the treatment of prisoners of war (GC III), RS 0.518.42; conv. Geneva on 12 August 1949 relative to the protection of civilian persons in time of war (GC IV), RS 0.518.51.

Art. 1123. other war crimes / a. attack on civilians or civilian property 3. Other war crimes a. attack against civilians or property of civil character is punished by a term of imprisonment of three years at least anyone who, in the context of armed conflict, directs an attack against: a. the civilian population as such or civilians who don't participate directly in hostilities; b. persons, facilities equipment or vehicles used on a mission of humanitarian aid or peacekeeping in accordance with the Charter of the UN on June 26, 1945, when they are protected by international humanitarian law; c. property of civilian or areas housing and not defended buildings or the demilitarized zone who are not military; d objectives. health units buildings, equipment or vehicles with a distinctive sign under international humanitarian law or that the protected character is recognizable despite the lack of distinctive, hospitals or places where the sick and wounded are collected; e. cultural property, people charged with their protection or vehicles to their transport or buildings dedicated to religion art, education, science, or charitable work, when they are protected by international humanitarian law.

In particularly severe cases of attacks against individuals, the judge may pronounce a custodial sentence to life.
In the case of less serious, the judge may pronounce a custodial sentence of one year at least.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
RS 0.120 art. a 112, 3. other war crimes / b. medical treatment affect the right to sexual self-determination or the dignity of the person, unmotivated b. unmotivated medical treatment, the right to sexual self-determination or the dignity of the person is punished with imprisonment of three years at least anyone who, in the context of an armed conflict: a. is seriously affecting the physical integrity or the physical or mental health of a person protected by international humanitarian law or put this person in grave danger by subjecting it to a medical procedure is not motivated by his State of health and is inconsistent with generally recognized principles of medicine; b. violates a female person protected by international humanitarian law, has her while she was put pregnant against her will with the intention of changing the ethnic composition of a population forced a person protected by international humanitarian law to undergo a sexual act of comparable gravity, the forced her into prostitution or sterilize force; c. has severely affected the dignity of a person protected by international humanitarian law by treating it in a humiliating or degrading way.

If the Act is particularly serious, particularly if it affects a large number of people or that its author is with cruelty, the judge may pronounce a custodial sentence to life.
In the case of less serious, the judge may pronounce a custodial sentence of one year at least.

Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. b 112, 3. other war crimes / c. recruitment or use of children soldiers c. recruitment or use of child soldiers who proceeds to the conscription or enlistment of children under 15 in armed forces or armed groups or makes them participate in an armed conflict is punished with deprivation of liberty of at least three years.
If the Act is particularly serious, particularly if it affects a large number of children or that the author acted with cruelty, the judge may pronounce a custodial sentence to life.
In the case of less serious, the judge may pronounce a custodial sentence of one year at least.

Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 112c3. other war crimes / d. methods of warfare prohibited d. methods of warfare prohibited is punished with a custodial sentence of three years less than anyone else, in the context of an armed conflict: a. launching an attack which he knows or must presume that it will cause, disproportionately compared to the concrete and direct military advantage expected losses in human lives among the civilian population injury to civilians, damage to civilian property or a widespread, long-term and severe environmental damage; b. uses a person protected by international humanitarian law as a shield to influence combat operations; c. as a method of warfare, engaged in looting, unlawfully appropriates property in any other way, destroyed or confiscated property belonging to the enemy without need depriving civilians of goods essential to their survival or prevents the sending of relief; d. kills or injures an opposing treacherously fighter or while it is out of combat; e. mutilates the corpse of an opposing fighter; f. ordered, under his power of command, that there be no quarter given or threatening the enemy;
g. abuse of the flag of truce, of the flag, of the uniform, military insignia of the enemy or of the United Nations, or distinctive signs planned by international humanitarian law; h. as a member of an occupying power, transfers part of its civilian population in the occupied area or transfers all or part of the population of the area occupied on the inside or outside of it.

If the Act is particularly serious, particularly if it affects a large number of people or that its author is with cruelty, the judge may pronounce a custodial sentence to life.
In the case of less serious, the judge may pronounce a custodial sentence of one year at least.

Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 112d3. other war crimes / e. use of prohibited weapons e. use of prohibited weapons will be punished with a custodial sentence of three years less than anyone else, in the context of an armed conflict:

a. uses poison or weapons poisoned; b. uses of biological weapons or chemicals, including some gas, materials or liquids, toxic or asphyxiating; c. uses bullets that thrive or flatten easily in the human body or bullets that explode in the human body; d. using weapons whose main effect is to injure by fragments which are not traceable by x-rays in the human body; e. using weapons with laser whose effect principal is to cause permanent blindness.

If the Act is particularly serious, the judge may pronounce a custodial sentence to life.

Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 1134. breach of an armistice or peace. Offence against a member of Parliament. Retardation of the repatriation of prisoners of war 4. Breaking an armistice or peace. Offence against a member of Parliament. Retardation of the repatriation of prisoners of war is punished with deprivation of freedom of three years at the most or a monetary penalty anyone who: a. continues hostilities after having officially had knowledge of the conclusion of an armistice or peace or violates the terms of an armistice in any other way; b. abused, insulted or unduly retains an enemy parliamentarian or a person accompanying; c. delayed the repatriation of prisoners of war after the end in an unjustified way hostilities.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 1145. other violations of law international humanitarian law 5. Other violations of international humanitarian law anyone, in the context of armed conflict, violated, in a way that is not suppressed by the art. 111 to 113, a standard of the international humanitarian law which the violation is punishable under customary international law or an international convention recognized as binding by the Switzerland is punished with a custodial sentence of more than three years or a monetary penalty.
The offence is disciplinary punished if it is minor.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Chapter 6Dispositions common to chapters 6 and 6 art. 114a criminal liability of the criminal liability of the superior superior superior who has knowledge of the fact that a subordinate commits or intends to commit one of the acts referred to in chapters 6 and 6 and which does not take appropriate measures to prevent incurs the same penalty as the author. If it negligently, shall be punished for a custodial sentence of more than three years or a monetary penalty.
The superior who has knowledge of the fact that a subordinate has committed one of the acts referred to in chapters 6 and 6 and which does not the appropriate measures to ensure the punishment of the perpetrator is punished with deprivation of freedom of three years at the most or a monetary penalty.

Art. 114b Exclusion of qualified privilege Exclusion of qualified privilege the pursuit of the acts referred to in chapters 6 and 6 and art. 114a is not subordinate to any of the authorisations provided for in the following provisions: a. art. 14 and 15 of the law of 14 March 1958 on the responsibility; (b) art. 17 of the Act of 13 December 2002 Parliament; c. art. 61A of the Act of 21 March 1997 on the Organization of Government and administration; d. art. 11 of the Act of 17 June 2005 on the federal Tribunal; (e) art. 12 of the law of 17 June 2005 on the federal administrative court; f. art. 16 of the law of 20 March 2009 on the federal Patent Court; g. art. 50 of the Act of 19 March 2010 on the criminal prosecution authorities.

RS 170.32 171.10 172.010 RS 173.110 173.32 173.41 173.71 RS RS RS RS RS Chapter 7 Crimes or offences against the life and bodily integrity art. 1151 homicide. / Murder 1. Homicide.
Murder those who intentionally killed a person who shall be punished with deprivation of liberty for at least five years, as the conditions laid down in the following items will not be realized.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 116 1. Homicide. / Assassination assassination if the offender killed with a particular lack of scruples, particularly if his motive, his goal or his way of acting is particularly heinous, he will be punished by a term of imprisonment of life or a custodial sentence for at least ten years.


New content according to chapter II of the Federal Act of June 23, 1989, in force since Jan. 1. 1990 (1989 2449 RO; FF 1985 II 1021).
Repealed by no I of the Federal Act of 20 March 1992, with effect from Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 1171 homicide. / Murder of passion passionate murder if the offender was killed while he was plagued by an emotion violent that the circumstances made excusable, or that he was at the time in a State of disarray, he shall be punished with deprivation of liberty from one year to ten years.

New content according to chapter II of the Federal Act of June 23, 1989, in force since Jan. 1. 1990 (1989 2449 RO; FF 1985 II 1021).
New expression according to section II 1 al. 22 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 1181 homicide. / Murder at the request of the murder victim on the request of the victim that who, yielding to Honourable motive, namely mercy, will have brought death to a person on the serious and earnest of the request will be punished with a custodial sentence of more than three years or a monetary penalty.

New content according to chapter II of the Federal Act of June 23, 1989, in force since Jan. 1. 1990 (1989 2449 RO; FF 1985 II 1021).

Art. 119 1. Homicide. / Incentive and assistance to inciting suicide and assisted suicide that who, pushed by a selfish motive, will have induced a person to suicide, or it will have ready assistance in suicide, will be punished with a custodial sentence of more than five years or a monetary penalty, if suicide has been consummated or attempted.

Art. 1201 homicide. / Homicide negligent Homicide by negligence that which, through negligence, will have caused the death of a person will be punished with a custodial sentence of more than three years or a monetary penalty.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 1212. bodily injury. / Serious bodily injury 2. Bodily harm.
Injury bodily serious one who intentionally, will hurt a person to put his life in danger, one who intentionally, will have mutilated the body of a person, one of its members or one of its important organs, or made this member or this improper in its function body, caused to a person a disability, infirmity or mental illness permanent , or defaced a severe and permanent, person who intentionally, will be subjected to a person of any other gross violation of bodily integrity or physical or mental health, will be punished with deprivation of freedom of 10 years at the most or a monetary penalty of 180 days-fine at least.

New content according to chapter II of the Federal Act of June 23, 1989, in force since Jan. 1. 1990 (1989 2449 RO; FF 1985 II 1021).
New expression according to section II 1 al. 23 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 122 2. Bodily harm. / Injuries bodily simple. Assault simple bodily harm. Assault 1. One who, intentionally, will be subjected to a person another attack on the physical integrity or health, or is delivered to the assault on a person, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.
2 and 3. …

Repealed by section II of the Federal Act of June 23, 1989, with effect from Jan 1. 1990 (1989 2449 RO; FF 1985 II 1021).

Art. 123 repealed by no II of the Federal Act of June 23, 1989, with effect from Jan 1. 1990 (1989 2449 RO; FF 1985 II 1021).

Art. 124 2. Bodily harm. / Bodily injury by negligence injury by negligence 1. One who, through negligence, will be subjected to a person violates bodily integrity or health, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.
2....

Repealed by no I of the Federal Act of 5 October. 1967 (1968 228 RO; 1967 I 605 FF).

Art. 125 to 1273. Endangering the life or bodily integrity 3. Endangering the life or bodily integrity repealed by chapter II of the Federal Act of June 23, 1989, with effect from Jan 1. 1990 (1989 2449 RO; FF 1985 II 1021).

Art. 1283 endangering the life or bodily integrity / fight fight those who will be involved in a brawl resulting in the death of a person or an injury will be punished with a custodial sentence of more than three years or a monetary penalty.
Is not punishable one that is will be confined to repel an attack, to defend others or to separate the combatants.

The offence will be punished according if it is minor.

New content according to chapter II of the Federal Act of June 23, 1989, in force since Jan. 1. 1990 (1989 2449 RO; FF 1985 II 1021).

Art. a 128, 3. endangering the life or bodily integrity / assault assault those who will be involved in a directed aggression against one or more persons in which one of them or a third party will have died or suffered an injury will be punished with a custodial sentence of more than five years or a monetary penalty.
The offence will be punished according if it is minor.

Introduced by section II of the Federal Act of June 23, 1989, in force since Jan. 1. 1990 (1989 2449 RO; FF 1985 II 1021).
New expression according to section II 1 al. 6 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Chapter 8 Crimes or offences against heritage art. Illegitimate 129Appropriation illegitimate ownership 1. One who, to procure or provide to a third party unlawful enrichment, will be appropriate security something owned by others will be punished with a custodial sentence of more than three years or a monetary penalty, as provided for in art. 130-132 will not be realized.
2. the penalty shall be the same, if the author found the thing or if it fell in his power independently of his will or whether he acted without enrichment design.
The offence will be punished according if it is minor.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Art. 130Abus of trust trust abuse 1. One who, to procure or buy a third party unlawful enrichment, will be appropriate to a security thing belonging to others and who had been entrusted, who, without right, will be used for his benefit or for the benefit of one third of the assets entrusted to him, will be punished with a custodial sentence of more than five years or a monetary penalty.
2. the abuse of trust may be punished with a custodial sentence of more than 10 years or a monetary penalty: if its author did to the prejudice of a leader or of a subordinate, a fellow, of the host where it was housed or someone from his house, if the offender has appropriated something that had been entrusted to him for reasons of service.
3. the offence will be punished according if it is minor.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).
New expression according to section II 1 al. 7 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 131Vol flight 1. One who, to procure or provide to a third party unlawful enrichment, will be subtracted a security thing belonging to others in order to take it will be punished with a custodial sentence of more than five years or a monetary penalty.
2. the flight will be punished with a custodial sentence of five years at most or a monetary penalty of 30 days-fine at least, if its author did to the prejudice of a leader, of a subordinate or a comrade, if its author did in a place whose access he was facilitated by the fact that it served as a cantonment or housing at the inhabitant.
3. the flight shall be punished with deprivation of freedom more than ten years or a monetary penalty of at least 90 days-fine if its author made profession of vol. 4. The flight shall be punished with deprivation of freedom of 10 years at the most or a monetary penalty of 180 days-fine at least, if its author did as an affiliate to a band formed to commit the robberies or flights, if it is provided with a weapon, firearm or other dangerous weapon or in any other way how to Act indicates that it is particularly dangerous.
5. the offence will be punished according if it is minor.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).
New expression according to section II 1 al. 14 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New expression according to section II 1 al. 8 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
New expression according to section II 1 al. 9 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 132Brigandage robbery 1. One who has committed a robbery using violence against a person, under threat of an imminent danger to life or bodily integrity or putting it out of State to resist will be punished with a custodial sentence of more than 10 years or a monetary penalty of 180 days-fine at least.
One who, caught in flight, will have committed one of the acts of coercion referred to in para. 1 in order to keep the stolen thing will incur the same penalty.
2. the robbery will be punished with a custodial sentence of one year at least, if its author is armed with a firearm or other dangerous weapon.
3. the robbery will be punished with deprivation of liberty for two years at least, if its author did as an affiliate to a band formed to commit the robberies or flights, if any other way how to Act indicates that it is particularly dangerous.
4. the penalty is deprivation of liberty for five years at least, if the author has put the victim in danger of death, did suffer an injury serious, or treated her with cruelty.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).
New expression according to section II 1 al. 10 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 133Soustraction of a movable thing subtraction of one thing security who without purpose of appropriation, will subtract a right thing to the right and it will be caused by where significant harm will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Art. 133aUtilisation without the right to use assets without values heritage who, without right, will be used for his benefit or for the benefit of a third of the fallen assets in its power independently of its will will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Introduced by section II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Art. 134Dommages to property damage to property that will be damaged, destroyed or put out of use a thing belonging to another person or of a right of use or usufruct for the benefit of others will be punished with a sentence of three years to the more or less of a financial penalty.
The offence will be punished according if it is minor.
The punishment is deprivation of liberty of at least one year if the offender has caused considerable damage or, in times of war, there by malice or by whim trashed the property of others.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Art. 135Escroquerie scam that who, in order to obtain or provide to a third party an unlawful enrichment, will be artfully misled a person by false statements or concealment of true facts or will cleverly reinforced it his mistake and aura of determined so the victim to acts detrimental to his pecuniary interests or those of a third party will be punished with imprisonment of five years at the most or pecuniary.
The scam will be punished with a custodial sentence of more than five years or a monetary penalty of 30 days-fine at least if its author committed to the detriment of a leader, a subordinate, a comrade, the host where it was housed, or anyone in his household.
The offence will be punished according if it is minor.
If the offender made profession of the scam, the punishment is a custodial sentence of more than 10 years or a fine of at least 90 days-fine. …

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).
Sentence repealed by section II 1 al. 25 of the Federal Act of 21 March 2003, with effect from Jan 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. Hostel diddle of hostel 136Filouterie 1. That will be host, serve food or drinks, or who will have obtained other benefits of a hospitality or catering establishment, and that has frustrated the establishment of the amount payable will be punished with a custodial sentence of more than three years or a monetary penalty.

2. the offence will be punished according if it is minor.

Introduced by chapter I of the Federal Act of 13 June 1941 (RO 57 1301; FF 1940 1021). New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Art. 137Atteinte clever to the pecuniary interests of others achieve artful to the interests of others that which, without enrichment design, aura artfully misled a person by claims false or concealment of true facts or will cleverly reinforced it his mistake and the aura so determined in acts harmful to his pecuniary interests or those of a third party shall be punished with deprivation of liberty from three years at the most or a monetary penalty.
The offence will be punished according if it is minor.

Introduced by section II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Art. 137aExtorsion and blackmail extortion and blackmail 1. Those who, in order to obtain or provide to a third party an unlawful enrichment, has determined a person in acts detrimental to its financial interests or those of a third party, using violence or threats of serious harm, will be punished with a custodial sentence of five years at the most or a monetary penalty. …
2. If the author made profession of extortion or if he continued to repeated occasions his actions against the victim, the penalty shall be deprivation of liberty from one to ten years.
3 If the author has exercised violence on a person or he has threatened an imminent danger to life or bodily integrity, the sentence will be that provided for in art. 132 4. If the author threatened to endanger the life or bodily integrity of a large number of people or damage to things of great public interest, the penalty is a custodial sentence of at least a year.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).
Sentence repealed by section II 1 al. 25 of the Federal Act of 21 March 2003, with effect from Jan 1. 2007 (RO 2006 3389; FF 1999 1787).
New content of the phrase according to section II 1 al. 25 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 137bRecel receiving 1. Who has acquired, received as a gift or pledge, hidden, or helped negotiate a thing which he knew or ought to have assumed that a third party had obtained it through an offence against property will be punished with a custodial sentence of more than five years or a monetary penalty.
The fence will incur the penalty provided for the previous offence if this penalty is less severe.
If the prior offence is prosecuted on complaint, fencing will be pursued if this complaint was filed.
The offence will be punished according if it is minor.
2. If the author made profession of fencing, the punishment is a custodial sentence of more than 10 years or a fine of at least 90 days-fine. …

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).
Sentence repealed by section II 1 al. 25 of the Federal Act of 21 March 2003, with effect from Jan 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 138 marauding marauding those who, in times of war or on active service, will, on its own initiative and without justification enough, subtracts food, clothing or any other thing in common use, effects to use in its use, will be punished with imprisonment of three years to the most or a monetary penalty.
The offence will be punished according if it is minor.

Art. 139Pillage looting anyone who, in time of war or on active service, commits an act of pillage, unlawfully appropriates property in any other way or exercising violence on others ' property is punished with deprivation of freedom or a monetary penalty of 60 day-fines at least.
The Raider is punished with deprivation of liberty of at least five years if he uses violence against a person, he threatens immediate danger to his life or physical integrity or it puts it in any other way out of State to resist.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 140 repealed by no I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the International Criminal Court, with effect from Jan 1. 2011 (2010 4963 RO; FF 2008 3461).

Chapter 9 Corruption and unfair management art. 141Corruption active bribery who will be offered, promised or granted an advantage unfair to a military, in favor of it or a third party, for the performance or omission of an act in relation to its service activity and which is contrary to its duties or dependent upon discretion will be punished with imprisonment of five years at the most or a monetary penalty.

New content according to section I 2 of the Federal Act of 22 Dec. 1999 (revision of the criminal law of corruption), in force since May 1, 2000 (RO 2000 1121; FF 1999 5045).

Art. 141aOctroi of a benefit conferring of a benefit that will be offered, promised or granted an unfair military advantage for that he fulfill his duties as a service will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Introduced by section I 2 of the Federal Act of Dec. 22. 1999 (revision of the criminal law of corruption), in force since May 1, 2000 (RO 2000 1121; FF 1999 5045).

Art. 142Corruption passive Corruption passive one who will be solicited, have been promised or accepts an advantage unfair in his favour or that of a third party, for the performance or omission of an act in relation to its service activity and which is contrary to its duties or depends on discretion will be punished with a custodial sentence of five years at the most or a monetary penalty.

New content according to section I 2 of the Federal Act of 22 Dec. 1999 (revision of the criminal law of corruption), in force since May 1, 2000 (RO 2000 1121; FF 1999 5045).

Art. 143Acceptation of benefit acceptance of an advantage who will be solicited, have been promised or accepts an unfair advantage to accomplish its duties of service will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

New content according to section I 2 of the Federal Act of 22 Dec. 1999 (revision of the criminal law of corruption), in force since May 1, 2000 (RO 2000 1121; FF 1999 5045).

Art. 143aDispositions common to the art. 141 to 143 provisions common to the art. 141 to 143-1. If the author's guilt and the consequences of his act are so important that a sentence would be inappropriate, it is necessary to renounce to refer it to court or impose a sentence.
2 are not undue benefits benefits allowed by the rules of service and those who, of low magnitude, conform to social uses.

Introduced by section I 2 of the Federal Act of Dec. 22. 1999 (revision of the criminal law of corruption), in force since May 1, 2000 (RO 2000 1121; FF 1999 5045).

Art. 144 cases of minor management unfair that who, during an act of military administration, including accounts, distributions or any other operation on the balance, food, fodder, ammunition or other things for the army, will have injured the interests he had mission to defend, will be punished with a sentence of three years to the most or a monetary penalty.
The punishment is a custodial sentence of more than five years or a fine if the offender acted for the purpose of lucre. …
The offence will be punished according if it is minor.
Art. 144A cumulation if an offence referred to in section 8 and 9 is hit with deprivation of freedom or a financial penalty, or exclusively a custodial sentence, the judge will in all cases be able to rule a monetary penalty in addition to the custodial sentence.
Art. 144b case of minor the offence is minor within the meaning of the provisions referred to in Chapter 8 and 9 when the Act was only a heritage element of low value or damage of lesser importance.

Sentence repealed by section II 1 al. 25 of the Federal Act of 21 March 2003, with effect from Jan 1. 2007 (RO 2006 3389; FF 1999 1787).
Introduced by no II 1 al. 25 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
Introduced by no II 1 al. 25 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Chapter 10 violations of honor art. 145Diffamation defamation 1. One who, through a third party, will be charged a person or cast suspicion upon her to keep a conduct contrary to the honor, or other conditions specific to undermine his account, one that will spread an accusation or such a suspicion, is on complaint of the injured or the competent body to issue the order to proceed with an investigation a pecuniary penalty of 180 days-fine at most.
2. the offence will be punished according if it is minor.

3. the accused will incur no penalty if he can prove that the allegations that he articulated or propagated conform to the truth or that he had serious reasons to keep them in good faith to be true.
4. the accused will not be allowed to make such evidence and it will be punishable if its allegations have been articulated or spread without regard to the public interest or without other cause, mainly for the purpose to speak ill of others, especially when they relate to private life or family life.
5. If the author acknowledges the falsity of their allegations and retract them, the judge may mitigate the sentence or to exempt the offender of any sentence.
6. If the accused did not evidence of the truth of his allegations or if they were contrary to the truth or the accused retracted them, the judge will be seen in the judgment or another written act.
7....

New content according to chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133).
New expression according to section II 1 al. 13 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
Repealed by no I 2 of the Federal Act of March 23, 1979, with effect from Jan 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Art. 146Calomnie slander 1.  One who, knowing the falsity of their allegations, will, through a third party, accused a person or cast upon her the suspicion to a conduct contrary to the honor, or any other fact to undermine his account, one that will spread such accusations or such suspicions, while he knew the futility is on complaint of the injured or the competent body to issue the order to proceed with an investigation punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.
2. the penalty shall be a custodial sentence of three years more or a monetary penalty of 30 days-fine, at least if the slanderer, said deliberate, sought to ruin the reputation of his victim.
3. If, before the judge, the offender acknowledges the falsity of their allegations and retract them, the judge may mitigate the sentence. The judge will give Act of this withdrawal to the offense.
4....

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).
New content according to chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133).
New expression according to section II 1 al. 24 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.
Repealed by no I 2 of the Federal Act of March 23, 1979, with effect from Jan 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Art. 147Disposition common common provision is defamation and to verbal slander are assimilated defamation and slander by writing, image, gesture or by any other means.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 148 insult insult 1. Who in any other way, will, by speech, writing, image, gesture or the assault, attacked others in his honor will be, on complaint of the injured party or body competent to issue the order to proceed with an investigation, punished to a monetary penalty of 90 days-fine at most or the fine.
The punishment is a custodial sentence of more than three years or a fine if the insult was directed against a head or a senior, against a military guard or a subordinate or an inferior.
The offence will be punished according if it is minor.
2. the judge may exempt the offender of any penalty if the insulted directly caused injury by improper conduct.
If the insulted has retaliated immediately by an insult or of assault, the judge may exempt any sentence offenders both or one of them.
3....

New content according to chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133).
Repealed by no I 2 of the Federal Act of March 23, 1979, with effect from Jan 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Art. complaint 148aDroit right of complaint, the right to complain expires after three months. The short period of the day where the beneficiary has been the author of the offence.
When one with right door will complaint against one of the participants, all participants should be prosecuted.
The complaint may be withdrawn as long as the judgment of second instance was not pronounced.
One who has withdrawn his complaint will not renew it.
The withdrawal of the complaint in respect of one of the accused will benefit everyone. There is no effect on the accused who oppose the withdrawal.

Introduced by chapter I of the Federal Act of 21 Dec. 1950, in force since July 1. 1951 (1951 439 RO; FF 1949 II 133).
New content according to chapter II 1 al. 25 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 148bPrescription of criminal action Prescription of criminal proceedings criminal action for breaches of honor within four years.

Introduced by section I 2 of the Federal Act of March 23, 1979 (RO 1979 1037; FF 1977 II. 1) New content according to chapter II of the Federal Act of 22 March 2002 (Prescription of the criminal action), in effect since Oct. 1. 2002 (RO 2002 2986; FF 2002 2512 1579).

Chapter 11 Crimes or offences against the freedom of art. 149 threat threat that that threat serious, will be alarmed or frightened a person, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Art. 150 constraint constraint that who, using violence against a person or threats of serious harm, or impede it in any other way in its freedom of action, forced to do aura, not to do or to do an act will be punished with imprisonment of three years at the most or a monetary penalty.
The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 151 repealed by no I of the Federal Act of 9 October. 1981, with effect from Oct. 1. 1982 (1982 1535 RO; FF 1980 I 1216).

Art. 151asequestration and Sequestration removal and removal 1. One who, without law, apprehend a person, the prisoner selected aura, or aura, in any other way, deprived of his freedom, one who by using violence, threat, or trick will have removed a person, will be punished with imprisonment of five years at the most or a monetary penalty.
2 will incur the same penalty who removed a person incapable of discernment or resistance or less than sixteen years of age.

Introduced by chapter I of the Federal Act of 9 October. 1981, in force since Oct. 1. 1982 (1982 1535 RO; FF 1980 I 1216).

Art. aggravating 151bCirconstances aggravated sequestration and removal will be punished with deprivation of liberty of at least one year, if the author has sought ransom, if it has treated the victim with cruelty, deprivation of liberty lasted more than 10 days, or if the victim's health was seriously endangered.

Introduced by chapter I of the Federal Act of 9 October. 1981, in force since Oct. 1. 1982 (1982 1535 RO; FF 1980 I 1216).

Art. 151cPrise hostage hostage taking 1. One who will be kidnapped, abducted a person or any other way to be surrendered master, to compel a third party to do, not to do or to do an Act, one which, for the same purposes, has taken advantage of a hostage-taking committed by others, will be punished with a custodial sentence of at least a year.
2. the penalty shall be deprivation of liberty for three years at least, if the author has threatened to kill the victim, causing serious bodily harm or treat her with cruelty.
3. in particularly serious cases, such as when the Act was directed against a large number of people, the judge may pronounce a custodial sentence to life.
4. when the author has renounced the constraint and released the victim, the penalty may be reduced (art. 42A).

Introduced by chapter I of the Federal Act of 9 October. 1981, in force since Oct. 1. 1982 (1982 1535 RO; FF 1980 I 1216).
New content according to section II 2 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 152 trespassing trespassing that who, in an illegal way and against the will of entitlement, will be entered in a House, in a home, in an enclosed part of a House, in a space, courtyard or garden enclosed and attached to a House, or in a construction site, or there will be continued contempt of the injunction to him addressed by an entitled will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Chapter 12Infractions against sexual integrity art. 153 sexual coercion sexual coercion

That which using threat or violence against a person, with psychic pressures on it or putting it out of State to resist, the will be forced to undergo an act similar to the sexual act or another act of a sexual nature, shall be punished with deprivation of freedom of 10 years at the most or a monetary penalty.
If the author acted with cruelty, including whether he made use of a dangerous weapon or other dangerous object, the penalty is deprivation of liberty for at least three years.

Art. 154 rape rape those who, including using violence or threat, pressure on his victim of a psychic nature or putting out of resist, will be forced a female person to undergo sex shall be punished with deprivation of liberty from one to ten years at the most.
If the author acted with cruelty, including whether he made use of a dangerous weapon or other dangerous object, the penalty is deprivation of liberty for at least three years.

New expression according to section II 1 al. 4 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787). This mod has been taken throughout the text.

Art. 155 acts of a sexual nature committed on a person incapable of discernment or resistance acts of a sexual nature committed on a person incapable of discernment or resistance who, knowing that a person is incapable of discernment or resistance, in will have the opportunity to commit on it the sexual act, a similar act or another act of a sexual nature, shall be punished with deprivation of freedom of 10 years at the most or a monetary penalty.

Art. 155 was repealed by no II of the Federal Act of 3 October. 2003 (prosecution of offences between spouses or partners), with effect from April 1, 2004 (RO 2004 1403; FF 2003 1750 1779).

Art. 156 acts of a sexual nature with children acts of a sexual nature with children 1. One who has committed an act of sexual to a child under the age of 16 years, one that will have resulted in a child of that age to commit an act of a sexual nature, that involved a child of this age to an act of a sexual nature, will be punished with a custodial sentence of more than five years or a monetary penalty.
2. the Act is not punishable if the age difference between participants does not exceed three years.
3. If, at the time of the Act, the author was less than 20 years old and in case of special circumstances or if the victim has contracted marriage or a partnership registered with the author, the competent authority may waive refer it to court or impose a sentence.
4. the penalty shall be a custodial sentence of more than three years or a fine if the author acted assuming mistakenly that his victim was aged 16 at least while using precautions he could have avoided the mistake.
5....
6....

New content according to section 22 of the schedule to the Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
Repealed by chapter II of the Federal Act of 21 March 1997 (RO 1997 1626; FF 1996 1315 1320 IV).
Introduced by section II of the Federal Act of 21 March 1997 (RO 1997 1626; FF 1996 1315 1320 IV). Repealed by no II of the Federal Act of 5 October. 2001 (prescription of the criminal action in general and in the case of an offence against sexual integrity of children), with effect from Oct. 1. 2002 (RO 2002 2993; FF 2000 2769).

Art. 157 operating a military operation of a military situation who, taking advantage of his military situation, does suffer or committing an act of sexual nature, a person will be punished with a custodial sentence of more than three years or a monetary penalty of 30 days-fine at least.

Art. 158 repealed art. 159 exhibitionism exhibitionism that are to be exhibited will be punished with a penalty of 180 days-fine at most.
If the author submits to medical treatment, the procedure may be suspended. It will be resumed if it extracts itself from the treatment.
The offence will be punished according if it is minor.

Art. 159A inconvenience caused by the confrontation with an act of a sexual nature inconveniences caused by the confrontation with an act of a sexual nature that will have caused scandal by engaging in an act of a sexual nature with a person who there will be faced unexpectedly, one who will have importuned a person by touching, of a sexual or coarse words will be punished with a fine.
The offence will be punished according if it is minor.

Art. 159b Commission Transit Commission transit when an offence provided for in this chapter has been committed jointly by several persons, the judge will be able to increase the length of the sentence, but not more than half over and above the maximum of the punishment for this offence. It will, moreover, bound by the legal maximum of the type of sentence.

Chapter 13 Crimes or crimes creating a collective danger art. 160Incendie intentional fire intentional who intentionally, will have caused a fire and thus bears will harm to others or created a collective danger will be punished with a custodial sentence of at least a year.
The penalty is deprivation of liberty for at least three years if the offender has knowingly endangered the life or physical integrity of individuals, or if in times of war, the offender has destroyed things used in the army.
The judge may pronounce a custodial sentence of more than three years or a fine if the damage is of little importance.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 160aIncendie negligently fire by negligence that who, through negligence, will have caused a fire and will be so prejudicial to others or created a collective danger will be punished with a custodial sentence of more than three years or a monetary penalty. The offence will be punished according if it is minor.
The punishment is a custodial sentence of more than three years or a fine if the offender has endangered by neglect the life or bodily integrity of people.

Introduced by chapter I of the Federal Act of 13 June 1941 (RO 57 1301; FF 1940 1021). New content according to chapter II 1 al. 25 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 161 explosion Explosion 1. One who, intentionally, has caused an explosion of gas, gasoline, oil or similar substances, and will thereby knowingly endangered the life or health of persons, or the property of others, will be punished with a custodial sentence of one year at least.
The judge may pronounce a custodial sentence of more than three years or a fine if the damage is of little importance.
The penalty shall be deprivation of liberty for at least three years, in time of war, the explosion destroyed things used in the army.
2. the punishment is a custodial sentence of more than three years or a fine if the explosion was caused by negligence. The offence will be punished according if it is minor.

Art. 162 job, with design crime, explosives or toxic gases job, with criminal intent, explosives or toxic gases one that intentionally and for a criminal purpose, will, by means of explosives or toxic gases, exposed to danger life or integrity of the persons or property of others, shall be punished with deprivation of freedom for a year at least.
The judge may pronounce a custodial sentence of more than three years or a fine if the offender has exposed that property to a danger of little importance.
The penalty shall be deprivation of liberty for at least three years, in time of war, the offender has destroyed things used in the army.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 163Emploi without criminal intent or by negligence without criminal intent or negligence that which, either intentionally, but without criminal intent, or by negligence, will have, by means of explosives or toxic gases, exposed to danger life or physical integrity of the persons or property of others will be punished with a custodial sentence of more than five years or a monetary penalty.
In the case of minor, the offence will be punished according.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).
New content according to chapter II 1 al. 25 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 164Fabriquer, conceal and carry explosives or poison gas manufacture, conceal and transport explosives or toxic gases that will be manufactured explosives or toxic gases, knowing or to assume that they were intended for a criminal job, will be punished with deprivation of freedom of 10 years at the most or a monetary penalty of 180 days-fine at least.
Knowing who is will be provided either explosives or toxic gases, their manufacturing-specific substances, or that these will be referred to others, receipts of others, preserved, hidden or transported, or before assume that they were intended for a criminal job, will be punished with imprisonment of five years to the most or a penalty of 30 days-fine at least.

One who knowing or to assume that a person intends to make unlawful use of explosives or toxic gases, guidance will be provided to make will be punished with a custodial sentence of more than five years or a monetary penalty of 30 days-fine at least.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 165 flood. Collapse flood. 1 collapse. One who, intentionally, will have caused flooding, the collapse of a construction or a landslide, and will thereby knowingly endangered the life or bodily integrity of persons or the property of others, will be punished with a custodial sentence of at least a year.
The judge may pronounce a custodial sentence of more than three years or a fine if the damage is of little importance.
The penalty shall be deprivation of liberty for at least three years, in time of war, the offender has destroyed things used in the army.
2. the punishment is a custodial sentence of more than three years or a fine if the offender acted negligently. The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 166 damage to electrical installations, water works and protection works damage to power facilities, water works and works of protection 1. One who, intentionally, will be destroyed or damaged: electrical installations, hydraulic works, particularly of the piers, dams, dikes, locks, protection works against natural forces, for example against landslides or avalanches, and thereby knowingly endangered the life or health of persons or the property of others, will be punished with a custodial sentence of at least a year.
The judge may pronounce a custodial sentence of more than three years or a fine if the damage is of little importance.
2. the punishment is a custodial sentence of more than three years or a fine if the offender acted negligently. The offence will be punished according if it is minor.

Art. 167Propagation of a disease of humans spreading a disease of man that by meanness of character, a man dangerous and communicable disease will spread will be punished with a custodial sentence of at least one and at most five years.

New content according to art. 86 No. 2 of the PMQS on Sept. 28. 2012 on epidemics, in force since Jan. 1. 2016 (2015 1435 RO; FF 2011 291).

Art. 168 spread of an outbreak of an epizootic 1 spread. One who intentionally, will spread an outbreak among domestic animals, will be punished with a custodial sentence of more than three years or a monetary penalty.
The penalty shall be deprivation of liberty from one to five years if, by meanness of character, the offender caused considerable damage.
2. the punishment is a custodial sentence of more than three years or a fine if the offender acted negligently. The offence will be punished according if it is minor.

Art. 169 contamination of drinking water Contamination in drinking water who, intentionally, will be contaminated with substances harmful to health drinking water to people or pets, will be punished with imprisonment of five years at the most or a penalty of 30 days-fine at least.
The punishment is a custodial sentence of more than three years or a fine if the offender acted negligently. The offence will be punished according if it is minor.

Art. 169aEntrave to public traffic obstruction of public traffic 1. One who, intentionally or negligently, will be hindered, impeded or put in danger public traffic, particularly road traffic, inland waterway or air navigation, and will thereby knowingly endangered the life or physical integrity of individuals, will be punished with a custodial sentence of more than three years or a monetary penalty.
If the offender has acted negligently, the offence will be punished in cases of minor disciplinary.
2. the judge may pronounce a sentence of deprivation of freedom from one year to ten years if the offender has knowingly endangered the life or bodily integrity of a large number of people.
3 section 1 is not applicable when the public traffic obstruction is caused by a violation of the rules of the road.

Introduced by chapter I of the Federal Act of 13 June 1941 (RO 57 1301; FF 1940 1021). New content according to chapter I of the Federal Act of 5 October. 1967, in effect since March 1, 1968 (RO 1968 228; 1967 I 605 FF).

Art. 170Entrave at the service of railway obstacle to the service of the railways that which, intentionally, will be prevented, disturbed or endangered the railroad service, and will thereby knowingly endangered life or integrity of the persons or property of others, including those who will be raised the danger of a derailment or a collision will be punished with deprivation of liberty or a monetary penalty.
The penalty will be a custodial sentence of more than three years or a fine if the offender acted negligently and thereby put in serious danger the life or bodily integrity of people or the property of others. The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 171 interference to services of general interest obstruction to services of general interest 1.  One who, intentionally, will be prevented, disturbed or endangered the public transport or communications business, including railroads, stations, telegraph or telephone, one who intentionally, will be prevented, disturbed or endangered the operation of an establishment or facility used to distribute to the public water, light, energy and heat, will be punished with a sentence of five years to the more or a monetary penalty.
2. the punishment is a custodial sentence of more than three years or a fine if the offender acted negligently. The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. public 171aProvocation crime or violence public Provocation to crime or violence that caused publicly to a crime will be punished with a custodial sentence of more than three years or a monetary penalty.
Public provocation to genocide (art. 108) is also punishable when it took place abroad if all or part of the genocide had been committed in Switzerland.
One that will have caused publicly to a misdemeanor involving violence against a person or against property, will be punished with a custodial sentence of more than three years or a monetary penalty.

Introduced by chapter I of the Federal Act of 9 October. 1981, in force since Oct. 1. 1982 (1982 1535 RO; FF 1980 I 1216).
Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. Preparatory criminal 171bActes criminal preparatory acts is punished with a custodial sentence of more than five years or a fine in accordance with a plan, anyone who takes concrete technical and organisational provisions, that the nature and extent to indicate that he is about to pass to run one of the following acts: a. genocide (art. 108); (b) crimes against humanity (art. 109); c. war crimes (art. 111 to 112d); d. murder (art. 115); e. murder (art. 116); f. lesions bodily graves (art. 121); g. robbery (art. 132); h. abduction and kidnapping (art. 151 (a) i. taken hostage (art. 151); j. fire intentional (art. 160).

One who, of his own motion, gives up to follow through its preparatory activity, will be exempt from any penalty.
Is also punishable one who commits the preparatory acts, abroad when the offences must be committed in Switzerland. Art. 10, al. 2, is applicable.

Introduced by chapter I of the Federal Act of 9 October. 1981, in force since Oct. 1. 1982 (1982 1535 RO; FF 1980 I 1216).
New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
New content of the sentence according to ch. II 2 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 171cDiscrimination Racial Discrimination racial one who will be publicly, incited to hatred or discrimination against a person or group of persons because of their racial, ethnic or religious, who publicly, will spread an ideology intended to belittle or denigrate members of a race, an ethnic group or religion, in a systematic way the one who in the same purpose will be organized or encouraged propaganda actions or will have participated.

one who will be publicly, by speech, writing, image, gesture, assault or in any other way, lowered or discriminated against in a way which violates human dignity a person or a group of people because of their race, their ethnicity or their religion or who, for the same reason, deny, grossly minimize or seek to justify genocide or other crimes against humanity who will be denied to a person or a group of persons because of their racial, ethnic or religious, a benefit designed for public use, will be punished with a custodial sentence of more than three years or a monetary penalty.
The offence will be punished according if it is minor.

Introduced by art. 2 of the Federal Act of June 18, 1993, in force since Jan. 1. 1995 (1994 2887 RO; FF 1992 III 265).

Chapter 14 fake securities art. 172Faux in fake securities in securities 1. Those who, in order to undermine the pecuniary interests or the rights of others, or procure or provide to a third party an unlawful advantage, will create a false title, falsified a title, abused the signature or mark handmade real of others to make a title assumed, or found or falsely, found in a title a fact having legal effect, or will have, to deceive others, made use of such a title, will be punished with a custodial sentence of more than five years or a monetary penalty.
2. in the case of very little gravity the offence will be punishable by a custodial sentence of more than three years or a monetary penalty or disciplinary.

New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Art. 173Obtention fraudulent a false finding fraudulent a false finding that getting that, to mislead his head, an official or a public officer, will led him to State falsely in an authentic title a fact legal, including to falsely certify the authenticity of a signature, or the accuracy of a copy, one making use of a title so got to deceive others on the fact that there is found will be punished with a custodial sentence of more than five years or a monetary penalty.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. Removal of titles titles 174Suppression one who, in order to undermine the pecuniary interests or the rights of others, or procure or provide to a third party an unlawful advantage, will be damaged, destroyed, removed or subtracted a title which he had not only the right of self-determination, will be punished with a custodial sentence of more than five years or a monetary penalty.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 175Dispositions Commons common provisions are deemed securities all writings intended and own to prove a fact having legal effect, and all signs intended to prove such a fact. Recording on data media and media-images is assimilated to a written, if it has the same destination.
Are renowned securities authentic all titles issued by an authority, an official acting under its function, or to a public officer acting in that capacity. Are exempt, however, the writings emanating from the administration of economic enterprises and State monopolies or other corporations or institutions under public law, relating to civil law cases.
The provisions of the art. 172 to 174 are also applicable to foreign securities.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).
New content according to chapter II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO; FF 1991 II 933).

Chapter 15 Crimes or offences against the administration of justice art. 176 hindrance to obstructing criminal action to criminal action that that will be subtracted a person to a criminal prosecution or execution of a sentence or measures provided for in art. 59-61, 63 and 64 CP will be punished with a custodial sentence of more than three years or a monetary penalty.
Will incur the same penalty that will be subtracted a person to open criminal proceedings abroad or execution of a custodial sentence of freedom or a measure under the art. 59-61, 63 or 64 CP pronounced abroad for one of the crimes referred to in art. 59 of the present code.
The offence will be punished according if it is minor.
The judge may exempt the offender of any sentence if it's relationship with the person favoured by him are narrow enough to make his excusable behaviour.

RS 311.0 new content according to section II 2 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
Introduced by chapter I of the Federal Act of 9 October. 1981 (1982 1535 RO; FF 1980 I 1216). New content according to section II 2 of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 177 do away from inmates to break prisoners 1.  Who by using violence, threat or ruse, a person placed under arrest, arrested, detained or interned in an institution by a decision of the authority will be broke or will have lent him assistance to escape, shall be punished to imprisonment of three years at the most or a monetary penalty.
2. If the offence was committed by a danger crowd, all those who have taken part in the crowd will be punished to a custodial sentence of more than three years or a monetary penalty.
Those who have committed violence against people or property, shall be punished with deprivation of liberty of more than three years or a monetary penalty of 30 days-fine at least.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 178denonciation slanderous false denunciation 1. Innocent who will be denounced to a leader or other military authority or civil authority, as the author of a crime or an offence, a person he knew, to open a criminal case, one who, in any other manner, will have hatched from the clever machinations, to cause the opening of criminal proceedings against a person he knew innocent against it shall be punished with deprivation of liberty or a monetary penalty.
2. the punishment is a custodial sentence of more than three years or a fine if the accusation relates to a contravention or a lack of discipline. The offence will be punished according if it is minor.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. 179Faux testimony. False report. False perjury prosecution. False report. Wrong translation to justice those who, being a witness, expert, translator or interpreter in a military criminal trial will have made a false statement on the facts of the case, provided a statement or a false report, or makes a false translation, will be punished with a custodial sentence of five years at the most or a monetary penalty.
The penalty is a penalty of 180 days-fine at most if the false statement relates to facts that cannot exercise any influence on the decision of the judge.

New content according to chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).

Art. sentencing mitigation of sentences so 179aattenuations the author of a crime or an offence provided for in art. 178 and 179 has rectified his false denunciation or his misrepresentation of his own movement and before it is resulted in prejudice to the rights of others, the judge may mitigate the sentence (art. 42A); It may also exempt the offender of any sentence.
If the author has made a false statement within the meaning of art. 179, because telling the truth, it is exposed or would have exposed one of his relatives to a criminal prosecution, the judge may mitigate the sentence within the meaning of art. 42 a. introduced by chapter I of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021). New content according to section II 2 of the Federal Act of 21 March 2003, in force since the 1janv. 2007 (RO 2006 3389; FF 1999 1787).

Art. 179bprocedure before the international tribunals Procedure before international tribunals art. 179 and 179a are also applicable to the procedure before the international courts which the Switzerland recognized the compulsory jurisdiction.

Introduced by section I 2 of the Federal Act of 22 June 2001 (offences against the regulations on the administration of justice in international courts), in effect since July 1. 2002 (RO 2002 1491; FF 2001 359).

Book 2Dispositions about the disciplinary faults Chapter 1 provisions general art. 180 disciplinary faults disciplinary faults commits a disciplinary offence, unless his behaviour is punishable as a crime, an offence or a contravention, the person who: a. violates his duties of service or disturbs the market; (b) cause a public scandal; c. contravenes the rules of decorum or scandalous behaviour.


Are assimilated to the disciplinary faults: a. the offences of minor for which book 1 provides a disciplinary regulations; b. violations of minor to the federal legislation on road traffic, in accordance with art. 218, al. 3; (c) breaches of the legislation, in accordance with art. 218, al. 4 SR 812.121 art. 181 criminal liability criminal liability only punishable is the person who, intentionally or by negligence, is a guilty way.
Is intentionally the person committing an offence with consciousness and will.
Negligence is the person who, by a guilty improvidence, is without realizing or without taking into account the consequences of his act. The foresight is guilty when the perpetrator has not worn the precautions ordered by circumstances and personal circumstances.
If the crimes, offences and contraventions are suppressed when they are committed intentionally, they cannot be punished according if they are committed by negligence.

Art. 182 fixing of the sanction enforcement of disciplinary power holder fixing pronounce a disciplinary sanction when a point of order and a warning appear insufficient.
The type and the extent of the sanction are fixed according to the guilt of the wrongdoer. It must be taken into account of his motives, his personal situation and his conduct to military service.
The duration of provisional arrest will be applied on one of the stops.
The person who commits several disciplinary faults is struck a single penalty.
A uniform sanction may be imposed on the sponsors of an offence (collective penalty) without account be taken of the specific circumstances of each of them; the same fault cannot be punished according only once.
When a same disciplinary offence has been committed by several people belonging to different units, the commanders of these formations are working together before a decision or to propose a sanction.

Art. 183 scope of application people scope of application the persons to which the military criminal law is applicable are also subject to the provisions of the disciplinary faults.
The disciplinary responsibility of the members of the border guard is governed by the provisions of the Act of March 24, 2000, on the staff of the Confederation, by the Ordinance of 3 July 2001 on the staff of the Confederation, as well as by the provisions of the regulation of the General Directorate of customs.

RS 172.220.1 RS 172.220.111.3 art. 184 limitation further limitation of the pursuit of the right to sue a fault of discipline shall lapse 12 months after the day when it was committed.
The right to sue is suspended during an investigation in addition to evidence, a regular investigation or procedure before the tribunal.

Art. 185 prescription of execution Prescription of execution the execution of a disciplinary punishment is prescribed by 12 months from the date of entry into force of the decision imposing the.
Execution is suspended during the appeal proceedings against a decision of a fine conversion. When a fine is converted to stops at the end of the appeal proceedings, the execution is limited to 12 months from the date of entry into force of the decision of conversion.

Chapter 2 Sanctions disciplinary art. 186 reprimand reprimand reprimand is a warning addressed to the fault in the proper manner. She must be designated specifically as punishment.

Art. 187 output deprivation deprivation of output the person who is being deprived of exit cannot leave the perimeter defined by the Commander for the needs of the service. Access to canteens and similar facilities is not allowed. The confinement or the transfer into a room of stops are not allowed.
Deprivation of output may be imposed and carried out during the sale military service or service for the promotion of peace.
Deprivation of output may be pronounced for a period of 3 to 15 days at the most. General holidays are not affected by the loss of output. Execution starts with the entry into force of the disciplinary decision.

Art. 188 disciplinary fine disciplinary fines a disciplinary fine can be used for all the faults of discipline. It mounts: a. to 500 francs at most for the disciplinary faults committed during service; b. to 1,000 francs at most for the disciplinary faults committed out of service.

Art. 189 recover the disciplinary fine collection of the disciplinary fine the disciplinary fine imposed by the troop and incoming Commander in force during the service, can be set to the Fund of the troop.
The disciplinary fine unsettled during the service is recovered by the canton of residence of the offender. If the latter has no domicile in Switzerland or if it is for a presumably long period abroad, the collection comes to his canton of origin.
The disciplinary fine paid to the Fund of the troupe returns to the Confederation. The fine recovered by a canton comes back to it.
The payment of the disciplinary fine period is two months from the date of entry into force of the decision.
The unpaid disciplinary fines is converted to stops. 100 francs equivalent to one day of stops.
The decision to convert the fine in stops is by the military authority who made the disciplinary fine. The disciplinary fine imposed by the troop commander is converted by the military authority of the responsible canton of recovery.

Art. 190 stops stops the duration of stops is at least a day and 10 days at the most.
The person placed the bleeding stops his sentence in isolation. She does not participate in the activities of the service.
The area of judgments must meet the requirements of the health police. The person under arrest must be able to do her toilet every day and, on the second day, to be able to do a walk of one hour daily outdoors, without contact with third parties.
As a general rule, the person under arrest is not allowed to receive visits. The sending and receiving of letters are allowed.
Objects that are not necessary to the person under arrest him are removed, against receipt, until she begins to serve his sentence. The person under arrest receives a newspaper daily, writing, publications of a religious nature, as well as regulations of a military character. The direct Commander, respectively the civil enforcement authority may authorize other works.

Art. 191 execution of judgments during the Execution of judgments during service service during the service, stops are generally carried out without delay or interruption as soon as the entry in force of the decision.
The direct commander may exceptionally stay the execution of the judgments or interrupt them because of reasons serious or if it considers it necessary for reasons of service. In this case, he may postpone the execution of the sentence on leave or beyond the end of the service.
The direct commander of the person under arrest ensures that she is no shortage of medical care. It designates an officer or an NCO in charge of the execution of judgments.
Executives sentences in separate facilities from the premises of the troupe stops if possible.
If the stops cannot be entirely executed before the end of the service, the military authority of the canton of residence done the rest according to art. 192 art. 192 execution of judgments outside the service Execution of judgments outside the canton of residence service ensures the execution of judgments outside the service.
Stops can be suffered in the form of the semi-open. The person under arrest continues his professional activity or training; She spends her time of rest and leisure instead of detention.
The execution of judgments in institutions for the enforcement of sentences or pre-trial detention is permitted only if the disciplinary sector is clearly separated from the criminal sector.

Art. 193 forfeiture forfeiture the forfeiture provisions are applicable by analogy.

Art. 194 other sanctions ban of other sanctions ban any punishment not provided for in this chapter and any worsening of the conditions of execution of the sanction are prohibited.
The simultaneous application of several sanctions is prohibited.

Chapter 3 jurisdiction and power to punish art. 195 jurisdiction general jurisdiction in general directly senior troop commanders have the jurisdiction of inflict, in case of a disciplinary offence during the service, a disciplinary punishment: a. to the persons belonging to their training; (b) commanders to troops that they are directly subordinate; c. people who belong to other training which they are subordinate temporarily; d. other persons under their command.

Are mistakes that were committed after the arrival on the place of gathering of the troop or before the termination of the disciplinary faults during the service.

When military personnel are a new incorporation or a mutation, their former Commander maintains disciplinary jurisdiction to deal with cases of indiscipline that occurred before that the new incorporation or mutation occurred. If the function of the competent Commander has been removed or if the holder is prevented, the disciplinary jurisdiction passes to the immediate superior authority.
In all other cases, the disciplinary jurisdiction belongs to the DDPS and the cantonal authorities.
The federal Council designates the cases in which disciplinary jurisdiction can be delegated.

Art. 196 conflicts of jurisdiction jurisdictional conflicts of jurisdiction are decided by a joint head. Otherwise, the DDPS refers to the competent authority.

Art. 197 competence of the jurisdiction of the unit the unit commander Commander commander may impose the following sanctions: a. the reprimand; (b) deprivation of output; c. the disciplinary fine; d. stops for five days at the most.

Art. 198 competence of senior commands and military Competence of senior commands and military authorities the commandments above the unit commander may impose the following penalties: a. reprimand; (b) deprivation of output; c. the disciplinary fine; d. stops.

The military authorities may impose the following sanctions: a. the reprimand; b. the disciplinary fine; c. stops.

Art. 199 jurisdiction in special cases jurisdiction in special cases the federal Council sets the scope of the disciplinary jurisdiction: a. Heads of administrative units of the DDPS; b. the commanders of formations that carry other names than those referred to in art. 197 and 198; c. in the General staff of the army; d. in the pool of personnel; e. schools of recruits and the schools of executives as well as during training courses; f. in training of application, the promotion of peace, the training of the army service, for military business and contractual military personnel.

Chapter 4 Procedure disciplinary art. 200 establishment of the facts, the rights of defence of the wrongdoing alleged fact-finding, rights of defence of the wrongdoing alleged nature and the circumstances of the disciplinary offence, including the State of the facts, the guilt, mobile, personal situation and the military conduct of the wrongdoer assumed must be clarified as soon as possible. The fault alleged is heard and his statements are recorded in a report. He has the opportunity to express themselves in writing. Out of service, the hearing of the fault alleged can be replaced by a written request for information.
At the beginning of the hearing, the fault alleged receives communication from the facts alleged. He may attend at the hearing of the people called to provide information and the site visits, provided that the purpose of the procedure is not compromised.
All the circumstances to charge and discharge must be examined with the same care. Coercion, threat, promises, otherwise the truth and captious questions are prohibited.
The fault alleged cannot be represented. The assistance of counsel is allowed only if the process is not delayed.
If the fault alleged refuses to answer, the proceedings notwithstanding this refusal.
Before the decision is rendered, the fault alleged must have the opportunity to consult the file and to express its opinion.
For the establishment of the facts, the Commander who has the power to punish can appeal to a qualified serviceman. However, he cannot delegate the hearing alleged fault final, the fixing of the sanction or the notification of the disciplinary decision.

Art. 201 report to the competent authority. Proposal of assent report to the competent authority. Proposal to sanction executives immediately report to their superior disciplinary faults they see in their training.
Superiors and military police and control bodies who find disciplinary mistakes make a written report to the alleged commander of the wrongdoer.
The Commander of the offending informs those who him reported the breach to the discipline of the suite he gave his report.
The leader or the military authority who is not entitled to the proposed sanction, sends the file, accompanied by its proposal for a sanction, through the chain of command to the competent authority. The latter means the offending assumed when it deems it necessary, or that it actually requested; If necessary, she orders additional information. She can either follow the proposal, either, after hearing one who issued, a different sanction within its jurisdiction or waive punishment.

Art. 202 apprehension and provisional arrest Apprehension and arrest any leader, any higher or any military body of police or control may apprehend, to establish his identity and the facts, a person caught committing a disciplinary offence.
Apprehension and provisional arrest under art. 54 to 55 of the military criminal procedure of 23 March 1979 are reserved.

RS 322.1 art. 203 content of the decision and notification content of the decision and notification during service, the decision imposing a disciplinary sanction is notified orally and simultaneously confirmed in writing to the wrongdoing alleged.
Out of service, the notification shall be made in writing.
When opening a disciplinary procedure does not lead to the imposition of a disciplinary sanction, the Commander informs the offending presumed.
The disciplinary decision contains, succinctly stated: a. personal information about the offending presumed; b. State of facts; (c) the legal description of the offence; d. assessment of the grounds, to his credit, by the fault alleged; (e) the review of the reasons decisive to fix the sanction; f. fixing of the penalty; g. the mention of confiscation; h. the indication of the right of appeal (form of the use (, delay and appeal authority); i. the date and the time of the notification of the disciplinary decision.

The disciplinary procedure is free of charge.

Art. 204 independence the authority which has the power to punish takes its decision independently.
It is forbidden to fix sentences determined for categories of disciplinary faults in advance.
Any Commander in Chief can order the opening of a disciplinary procedure commanders who are subordinated; It cannot however order as the fault alleged or punished.

Art. 205. communication of decision and register of sanctions Communication of decision and register of sanctions in General, the Commander informed the troop of the decision taken following a case of indiscipline that occurred in his training. It doesn't have the right to appeal the wrongdoers to the ranks.
A commander maintains a register of the sanctions imposed on the people directly subject to disciplinary power. This register is reviewed regularly by his superior.
All sanctions are struck from the register after a period of five years, and destroyed records.
Everyone has the right to consult the registry for sanctions that affect them.
Information about entries made in the register of sanctions can only be given: a. the military leaders of the person punished; b. upon request written and motivated, the military authorities as well as the organs of criminal justice, military and civilian.

The disciplinary sanctions imposed during the service performed outside the formation of incorporation must be immediately communicated to the Commander of this unit. Change of training, an extract from the register of sanctions is passed to the new Commander.
Any disciplinary sanction imposed on an officer must be communicated to the higher command of the Commander who imposed the sanction.

Chapter 5 legal remedies art. 206-1. Disciplinary appeal. / Instance of use 1. Disciplinary appeal.
Appeals an appeal may be the person who is the subject: a. a disciplinary punishment; b. a decision of the disciplinary fine in stops conversion; c. a provisional arrest.

The appeal must be addressed: a. If the decision by the superior: superior immediate of it; b. If the decision was made by an authority to which the right to impose a penalty has been delegated by the head of the DDPS: authority immediately superior thereof; c. If the decision was pronounced by the Army Chief or the Chief Auditor : the head of the DDPS; d. If the decision has been passed by a cantonal military authorities: the higher cantonal authority.

The disciplinary recourse to the Court referred to in art. 209 is open to the military court of cassation against disciplinary decisions of the head of the DDPS.

Art. 207 1. Disciplinary appeal. / Form, time and suspensive effect form, time and suspensive effect the disciplinary action is addressed in the written form.
During the service, the disciplinary appeal period is 24 hours. It is five days if the disciplinary decision has been notified to the use outside the service or less than 24 hours before his dismissal.

The disciplinary appeal has a suspensive effect. If there is an appeal against a provisional arrest or deprivation of output, it has suspensive effect when so ordered by the appeal authority.

Art. 208 1. Disciplinary appeal. / Procedure, decision and notification of the decision Procedure, decision and notification of the decision the appeal authority is necessary to a complementary statement. It should especially hear or hear the authority which imposed the sanction as well as the appellant. The person who has worked on establishing the facts in accordance with art. 200, al. 7, cannot interfere in the disciplinary appeals process. Out of service, the supramundane hearing can be replaced by written submissions.
The appellant may be represented. The assistance of counsel is permitted if this does not delay the proceedings.
The decision on appeal cannot aggravate the punishment pronounced. She can pronounce: a. stops instead: a loss of output, a reprimand or a disciplinary fine; (b) in lieu of the fine: deprivation of output or a reprimand; c. instead of deprivation of output: a reprimand.

The decision on a disciplinary appeal lodged during the service is communicated in writing to those concerned, with an indication of the reasons, as a general rule within three days. She mentioned the delay and the appeal authority.
The appeal procedure is free of charge.

Art. 209 2. Disciplinary appeals to the tribunal. / Instance of use 2. Disciplinary appeals to the tribunal.
Appeals the person who is the subject stops or a disciplinary fine an amount of CHF 300 or more can defer the decision on appeal to the section of the military court of Appeal jurisdiction.
Decisions on appeals taken by the head of the DDPS are referred to the military court of cassation.

Art. a 209, 2. Disciplinary appeals to the tribunal. / Form, time and suspensive effect form, time and suspensive effect the disciplinary appeals to the tribunal is addressed in the written form.
During the service, the appeal period is three days. It is ten days if the decision against which the appeal has been notified to the use outside the service or less than three days before his dismissal.
The use of disciplinary tribunal has suspensive effect.

Art. 210 2. Disciplinary appeals to the tribunal. / Procedure and decision Procedure and decision section of the military appeal court and the military Supreme Court apply by analogy the provisions of the criminal procedure of 23 March 1979, which concern the proceedings and the police of the hearing (art. 48 to 50), the preparation for the discussions, the latter and the judgment (art. 124 to 154). The art. 127, 131, 148, al. 3, 149, al. 1, and 150 military criminal procedure of 23 March 1979 shall not apply. Art. 179 of this Act applies by analogy to the consequences of the failure.
The appellant may be assisted. The obligation to appear personally is governed by art. 130, al. 3 of the military criminal procedure of 23 March 1979.
The disciplinary decision and the decision on appeal lieu of indictment.
The listener is not involved in the procedure. The authority which sanctioned and the Appeals Authority can be heard orally or in writing.
The section of the military court of Appeal decided in the same cause. When irregularities in procedure cannot be eliminated, the cause is returned to the previous instance for reconsideration. The applicant may request that it be waived.
The decision of the military court cannot aggravate the punishment. Art. 208, al. 3, shall apply by analogy.
The military tribunal's decision is final.

RS 322.1 art. 211 3. Common provisions. / Deadlines, return 3. Common provisions.
Deadlines, refund deadlines set by law may not be extended.
In the calculation of deadlines of disciplinary action or disciplinary recourse to the Court, which include several days, the day from which the period starts to run is not counted.
If the last day of the period is a Saturday, a Sunday or a holiday recognized, is postponed to the next working day.
The delay is deemed observed that if the appeal was handed to the directly superior Commander or handed over to an office of Swiss Post Office no later than the last day.
A delay can be returned if the appellant was prevented, without fault on his part, to act within the time limit. The request for return must indicate the prevention and be submitted in writing to the appeal authority within 24 hours during the service and out of service within five days from the moment the impediment ceased. Omitted appeal must be filed at the same time.
The application for return of a period is decided by the appeal authority.

Art. 212 3. Common provisions. / Waiver to use waiver to use the punished person may validly waive make use of legal remedies through a written statement. The waiver is irrevocable.

Art. 213 3. Common provisions. / Protection of the right to appeal for Protection of the right of appeal the appellant cannot be punished for having formed a disciplinary appeal or an appeal to the tribunal.

Chapter 6 implementing provisions art. 214. the federal Council shall issue the necessary implementing provisions of the disciplinary law.

Book 3 coming into force and application of the code title 1Relation between this code and the old law art. 215 enforcement of previous judgments earlier judgments judgments under the former law are executed according to the old law. Are reserved the exceptions in the al. 2 and 3.
If the new law restrains more the Act for which the sentence was passed, the penalty or measure imposed under the previous law is more run.
The provisions of CP relating to the system of execution of sentences and measures, and the rights and obligations of the inmate also apply to authors sentenced under the old law.

RS 311.0 art. 216 prescription Prescription unless otherwise provided by law, the provisions of the new law concerning the prescription of the criminal action and penalties are applicable also to the authors of acts committed or judges before the entry into force of the new law if they are more favourable than those of the previous law.
Account is taken of the time during which the limitation period ran before the entry into force of the new law.

Art. 217 repealed title 2 jurisdiction art. Military 218Juridiction military jurisdiction, any person to whom the military penal law is applicable is immune from military courts, subject to art. 9 and 9A.
This rule is also applicable when the offence has been committed abroad.
Persons to which the military criminal law is applicable are also subject to military courts if they commit an offence under federal legislation on road traffic during a military exercise or activity of the troop or service in relation to an offence under this code. The penal provisions of ordinary law are applicable. In the case of minor, the offence will be punished according.
Is also subject to military jurisdiction who without the right, during the service, will be intentionally consumed or possessed minimal amounts of narcotics to the senses of the art. 1 of the full or who, for his own consumption, will be in breach of art. 19 legislation. The author will be punished according.

New content according to chapter I of the Federal Act of 5 October. in force since July 1, 1967. 1968 (1968 228 RO; 1967 I 605 FF).
New content according to chapter I of the Federal Act of 3 October. 2008 (Mod.s arising out of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).
RS 812.121. Currently: art. 2 of the legislation.
Introduced by section II of the Federal Act of 21 June 1991, in force since Jan. 1. 1992 (1991 2512 RO; FF 1985 II 1021).

Art. 219Tribunaux ordinary courts subject to art. 218, al. 3 and 4, persons subject to the military law remain subject to the ordinary courts for offences not provided for by this code.
If the offence is related to the military situation of the accused, the pursuit takes place only with the authorization of the DDPS. When the Commander in Chief of the army was elected, the pursuit will happen only with his permission if the accused is subordinated to the command of the army.

New content according to chapter I of the Federal Act of 5 October. in force since July 1, 1967. 1968 (1968 228 RO; 1967 I 605 FF).
New content according to chapter II of the Federal Act of 21 June 1991, in force since Jan. 1. 1992 (1991 2512 RO; FF 1985 II 1021).
The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.

Art. Competent 220Tribunaux in case of civilian courts in the case of civilian participation participation

When persons not subject to the military law participate in a purely military offence (art. 61-85) or an offence against the national defence or defensive power of the country (art. 86 to 107) with others to which the military criminal law is applicable, the military courts are competent to judge everyone.
Not subject to military law who participate in a breach of law (art. 115 to 179) together with others to whom the military penal law is applicable are subject to the ordinary courts.
In the cases referred to in para. 2, the federal Council may also refer to the ordinary courts persons subject to military jurisdiction. These are considered according to the military criminal law.

New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 221 competent courts in case of contest of offences or criminal laws courts in case of contest of offences or criminal laws when a person is charged with several offences including each are subject to military jurisdiction and other ordinary jurisdiction, the federal Council will refer the judgment of all of these offences to the ordinary courts or military courts.

Art. 221aTribunaux responsible for genocide, crimes against humanity or war crimes courts for genocide, crimes against humanity or war crimes when several people, including each are subject to military courts and others to the ordinary courts, participate in a same genocide or a crime against humanity (part 2 Chapter 6, and art. 114) or to a same war crime (part 2, Chapter 6, and art. 114 a), on the proposal of the Chief Auditor or of the public prosecutor of the Confederation, the federal Council may decide to subject them to military jurisdiction either to the ordinary court. In this case, the defendants are judged according to the same law.
The al. 1 is also applicable when a military or ordinary criminal procedure is underway and that the facts are related.
When a person is charged with several offences including each are subject to military jurisdiction and the other to the ordinary court and that one of the offences is genocide or a crime against humanity (part 2, Chapter 6, and art. 114 (a) or a war crime (part 2, Chapter 6, and article 114a), the judgment of all of these offences is referred : a. to military court if the accused is subject to the military criminal law; b. in the ordinary courts if the accused is not subject to the military criminal law.

Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).

Art. 222 ordinary prosecution against a person serving ordinary proceedings against a person in the service authorities criminal ordinary cannot open or continue an action against a person in the service only with the authorization of the DDPS.
He was appointed a commander of the army and if the accused is his subordinate, the pursuit may be open or continued only with the permission of the Commander.
If the pursuit was opened before service entry, and permission to continue is denied, she remains suspended until the time when the accused is dismissed.

Art. 223 conflicts of jurisdiction conflicts of jurisdiction in cases of conflict of jurisdiction between ordinary jurisdiction and military jurisdiction, the federal criminal court will designate sovereign jurisdiction.
If a judgment or procedure opened by one of the two jurisdictions involves an attack on the jurisdiction of the other, the federal criminal court will deliver in the cancellation. It will take the necessary interim measures.
The penalty incurred under the annulled judgment will be charged on the penalty that should be imposed under the other judgment.

New content according to section 11 of the annex to the Federal Act of 4 October. 2002 on the TPF, in force since April 1, 2004 (RO 2003 2133 2131; FF 2001-4000).
New content according to section 11 of the annex to the Federal Act of 4 October. 2002 on the TPF, in force since April 1, 2004 (RO 2003 2133 2131; FF 2001-4000).

Title 3 proceedings art. 224 repealed by no I 2 of the Federal Act of March 23, 1979, with effect from Jan 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Title 4: enforcement of judgment art. 225 repealed by no I 2 of the Federal Act of March 23, 1979, with effect from Jan 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Title 5 locker judiciary art. Judicial 226Casier criminal penalty to a work in the public interest within the meaning of art. 81, al. 3 or 4, and disciplinary sanctions are not part of the criminal.
In addition, the art. 365 to 371 CP are applicable.

New content according to chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).
RS 311.0 art. 227 repealed by no I of the Federal Act of 13 June 1941, with effect from Jan 1. 1942 (57 1301 RO; FF 1940 1021).

Title 6 proceedings in rehabilitation art. 228 to 232 repealed by section III of the Federal Act of 21 March 2003, with effect from Jan 1. 2007 (RO 2006 3389; FF 1999 1787).

Title 7grace and Amnesty art. a 232, 1. Grace. / Principle 1. Grace.
Principle grace can be granted to all the sentences that have been imposed by a judgment, except disciplinary sanctions.

New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New term according to no I 1 al. 3 of the Federal Act of March 23, 1979, in force since Jan. 1. 1980 (1979 1037 RO; FF 1977 II. 1)

Art. b 232, 1. Grace. / Competence Competence for decisions rendered under the military penal code, the law of grace: a. the federal Council or, if a general was elected to it, in cases tried by a military tribunal; b. Federal Assembly in cases tried by the federal criminal court; (c) the competent authority of the canton, in cases deemed by the cantonal authorities.

New content according to section I 2 of the Federal Act of March 23, 1979, in force since Jan. 1. 1980 (1979 1037 RO; FF 1977 II. 1)
New content according to section 11 of the annex to the Federal Act of 4 October. 2002 on the TPF, in force since April 1, 2004 (RO 2003 2133 2131; FF 2001-4000).

Art. 232 c 1. Grace. / Clemency clemency clemency can be formed by the convicted person, his legal representative and, with the consent of the convicted person, by counsel, spouse or registered partner.
In crimes or political crimes and related offences with a crime or a political offence, the federal Council or the cantonal government can initiate automatically in grace.
The authority who exercises the right of pardon may decide that a rejected appeal cannot be renewed before the expiry of a specified period.


New content according to section 22 of the schedule to the Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
Repealed by no I of the Federal Act of 20 March 1992, with effect from Sept. 1. 1992 (1992 1679 RO; FF 1991 II 1420, IV 181).

Art. 232D 2. Amnesty effects by the effect of the grace, all the sentences that have been imposed by a judgment can be, totally or partially, or commuted to milder sentences.
The scope of grace is determined by the Act which grant it.
The civil effects of a criminal conviction, as well as the obligation to pay the costs, remain despite the grace.
Art. 232nd 2. Amnesty the Federal Assembly may grant amnesty in criminal cases to which this code or any other Federal Act apply.
The Amnesty excludes the pursuit of certain offences or certain categories of authors and results in the delivery of the corresponding penalties.

Introduced by section III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Title 8 supplementary provisions and final provisions art. 233 repealed by section III of the Federal Act of 21 March 2003, with effect from Jan 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 234Renvoi to repealed provisions reference to provisions repealed when a requirement of federal law refers to a provision repealed or amended by the present code, the reference applies to the provision of this code which regulates the matter.

Repealed by no I 2 of the Federal Act of March 23, 1979 (RO 1979 1037; FF 1977 II. 1) New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).

Art. 235 reserve in favour of provisions of law in force Reserve in favour of provisions of the law in force are reserved: 1. the criminal provisions of the Ordinance of December 7, 1925 on military controls, the Federal law of June 28, 1878, on the tax exemption from military service and other provisions concerning military police tickets; 2. the disciplinary provisions applicable to members of the border guard.

New content according to chapter II of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).

[RO 41 777, 51 175. RS 5 404 art. 92 al. 1]. currently "criminal provisions of the O from 10 Dec. 2004' (RS 511.22).
[RS 5 156. RO 1959 2097 art. 48 al. let 2. [a]. currently "the criminal provisions of the Federal Act of 12 June 1959 on the tax exemption from the obligation to serve" (SR 661).
New content according to chapter II of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).

Art. 236 staff subject to the military law of the staff regulations subject to the military law in the case of active service, officials, employees and workers subject to the military law are governed by their regular status, unless otherwise decided by the federal Council.
Chapter 1 to 4 of part 2 of book 1 of the present code shall apply by analogy.

Art. 236 introduced by chapter I of the Federal Act of 5 October. 1990 (1991 1352 RO; FF 1987 II 1335). Repealed by section III of the Federal Act of 21 March 2003, with effect from Jan 1. 2007 (2006 3389 3423 RO; FF 1999 1787).

Art. 237 entry into force entry into force the present law comes into force on January 1, 1928.

Final provisions of the amendment on March 23, 1979, the relationship between the new provisions and the previous legislation is governed by arts. 215, 216, c. 2, and 217, al. 2. the military against which an ordinary military investigation before the entry into force of this law remain subject to criminal law military for the offence in question, even though the new law they would be subject to the ordinary criminal law.

Final provisions of the amendment on March 21, 2003 1. Enforcement of sentences art. 40 is applicable to the revocation of the stay granted by a judgment under the previous law. The judge may order, in place of the custodial sentence, a penalty (art. 28 to 30) or a work of general interest (art. 31-33).
The accessory penalties that are unable to perform a load or function (art. 38 former) and expulsion under a penal judgment (art. 40 former) imposed under the old law are removed with the entry into force of this amendment.
CP provisions on execution of the deprivation of freedom (art. 74 to 85, 91 and 92 CP), the assistance of probation, rules of conduct and voluntary social assistance (art. 93 to 96 CP) also apply to the perpetrators sentenced under the old law.
2 criminal provisions of CP to the criminal (art. 365 to 371 CP) also apply to judgments in virtue of the old law.
The registration written off under the previous law no longer appear in extracts of criminal record for individuals.
Table of contents 1. No punishment without law art. 1-2. Weather art. 2-3. Personal conditions art. 3 extension in case of active service art. 4 extension in time of war art. 5 wartime art. 6 participation of civilians art. 7 application of the ordinary criminal law art. 8-4. a. criminal law of minors art. 9 b. young adults art. 9 to 5. Conditions of place art. 10 place of commission of the Act art. 11 definitions art. 12 commission by omission art. 12A Definitions art. 13 error on the facts art. 14 acts permitted by law art. 15 self-defence art. 16 defence excusable art. 16a State of necessity legal art. 17 state of excusable need art. 17A irresponsibility and limited responsibility art. 18 question of the responsibility of author art. 18A error on Art. wrongfulness 19 criminal liability of the superior and acts committed on the orders of others art. 20 criminal liability of the attempt art. 21 abandoned and active repentance art. 22 instigation art. 23 accessory art. 24 participation to a clean crime art. 25 circumstances personal art. 26 6. Criminal liability of media art. 27 protection of sources art. 27A fixing art. 28 collection art. 29 custodial sentence of alternative art. 30 definition art. 31 enforcement art. 32 conversion art. 33 in general art. 34 short custodial sentence closed art. 34a performance arts. b 34, 4. Accessory punishment. Degradation art. 35 1. Stay of execution of sentence art. 36 2. The partial suspension of worthwhile art. 37 a. period of probation art. 38. success of the trial art. 39 c. failure of probation art. 40 1. Principle art. 41 circumstances mitigating art. 42 effects of mitigation art. a 42, 3. Competition art. 43 4. Imputation of Art. pre-trial detention 44 repair art. 45 attack suffered by the offender of his act art. 46 2. Available common art. 46a spouse, registered partner or a partner victim art. 46b therapeutic measures and detention art. 47 exclusion of the army as a measure of security art. 48-1. Exclusion of the military art. 49 2. Prohibition of an activity, contact ban and ban geographic a. prohibition to exercise an activity, conditions art. 50 content and expanded art. 50A b. contact ban and ban geographic art. 50 b. c. provisions Commons article ban enforcement 50 c editing a ban or pronounced later prohibited art. 50 d 3. Prohibition from driving art. 50th 4. Publication of the judgment art. 50F a. Confiscation of dangerous objects art. 51. Confiscation of assets.
Principles art. 51A claim compensatory art. 51b forfeiture of assets of a criminal organization art. 52 6. Allocation to the injured party art. Application of CP Art. 53 54 times art. 55 starting point art. 56 possible art. 57 starting point art. 58 3. Imprescriptibility art. 59 criminal liability art. 59A Procedure criminal art. 59b Definition art. Application of the provisions of the first part of article 60 60A Restrictions in the application art. 60b fine art. Work of general interest article 60 c 60 d Prescription art. 60th disobedience art. 61 assault. Threats art. 62 mutiny art. 63 conspiracy art. 64 crimes or offences against military guard art. 65 abuse of power to give orders art. 66 abuse of the power to punish art. Deletion of a complaint article 67 68 usurpation of powers art. 69 endangerment of a subordinate art. 70 assault. Threats art. Failure to comply with the requirements of service article 71 72 abuses and squandering of material art. 73 cowardice art. Capitulation article 74 75 crimes or crimes of custody art. Violation of the secrecy of service article 76 77 false in the Art. service documents 78 concealment of crimes or offences art. 79 drunkenness art. 80 refusal to serve and desertion art. 81 insubordination and unjustified absence art. 82 insubordination by negligence art. 83 compliance with a summons to the military service article 84 omission illicit to join art. 85 espionage and treason by violation of military secrets art. 86 sabotage art. 86A betrayal military art. 87 Francs-shooters art. 88 spreading false information art. 89 carry arms against the Confederation art. 90 services rendered to the enemy of art. 91 acts of hostility against a belligerent or foreign troops art. 92 military spying to the detriment of a State foreign art. 93 service foreign military art. 94 mutilation art. 95 fraud to Dodge military service art. 96 breach of contractual obligations art. 97 provocation and incitement to breach of military duties art. 98 carried out against military discipline art. 99 interference to military service art. 100 insults to a military art. 101 preparation of false information art. 102 falsification of orders establishing or instructions art. 103 incentive internees or prisoners of war to insubordination art. 104 break internees or prisoners of war art. 105 violation of military secrets art. 106 disobedience to measures taken by the military and civilian authorities art. 107 genocide art. 108 crimes against humanity article 109 a. murder b. Extermination c. Reduction to slavery d. Sequestration e. disappearances f. Torture g. infringement of the right to self-determination sexual h. Deportation or transfer of population i. Persecution and apartheid j. forced other inhumane acts 1. Scope art. 110 2. Serious violations of the conventions of Geneva art. 111. attacks against civilians or civilian property art. 112 b. unmotivated medical treatment, the right to sexual self-determination or the dignity of the person article 112a c. recruitment or use of child soldiers art. 112b d. methods of warfare prohibited art. 112c e. use of prohibited weapons art. 112D 4. Breaking an armistice or peace. Offence against a member of Parliament. Retardation of the repatriation of prisoners of war art. 5. 113 other violations of international humanitarian law art. 114 criminal liability of the superior art. Exclusion of relative immunity article 114a 114b murder art. 115 assassination art. 116 murder art of passion. 117 murder at the request of the victim art. 118 incentive and assistance to the suicide article 119 homicide by negligence art. 120 injury serious art. 121 simple bodily harm. Assault art. 122 repealed art. 123 bodily harm by negligence art. 124 3. Endangering the life or bodily integrity art. 125 to 127 Brawl art. 128 aggression art. 128A ownership illegitimate art. 129 abuses of trust art. 130 flight art. 131 brigandage art. 132 subtraction of a movable thing art. 133 use without right of assets art. 133a damage to property art. 134 scam art. 135 diddle of hostel art. 136

Clever attack on the pecuniary interests of others art. 137 extortion and blackmail art. 137a possession art. 137b marauding art. 138 looting art. 139 repealed art. 140 corruption active art. 141 advantage Art. grant 141A Corruption passive art. Acceptance of an advantage Art. 142 143 provisions common to the art. 141 to 143 art. 143a case of minor art. 144 defamation art. 145 slander art. 146 available common art. 147 insult art. Right to complaint Art. 148 148a Prescription of the criminal action art. 148b threat art. 149 constraint art. 150 repealed art. 151 false imprisonment and kidnapping art. 151a circumstances aggravating art. 151b hostage situation art. 151 s. home invasion 152 forced sexual art. 153 rape article 154 acts of a sexual nature committed on a person incapable of discernment or resistance art. 155 repealed art. 155a acts of a sexual nature with children art. 156 operation of a military situation art. 157 repealed art. 158 exhibitionism art. 159 inconvenience caused by the confrontation to an act of sexual art. 159A Commission in common art. 159b fire intentional art. 160 fire by negligence art. 160a blast art. 161 jobs, with criminal intent, explosives or toxic gases Art. 162 job without criminal intent or by negligence art. 163 manufacture, conceal and transport explosives or toxic gases Art. 164 flood. Collapse art. 165 damage to electrical installations, water works and works of protection art. 166 spreading a disease of human art. Propagation of an epizootic Art. 167 168 contamination of drinking water art. 169 hindrance to public traffic art. 169a hindrance in the service of railway art. 170 impediment to services of general interest art. 171 public provocation to crime or violence art. 171a acts preparatory criminal art. 171b false in the Art. titles 172 fraudulent obtaining a false finding art. Removal of titles article 173 174 provisions art. 175 impediment to criminal action art. 176 to break prisoners art. 177 denunciation slanderous art. 178 false testimony. False report. False prosecution art. 179 mitigations of penalties art. 179a proceedings before international courts art. 179b fault disciplinary art. 180 criminal liability art. Fixing of the sanction Art. 181 182 scope of application persons art. 183 limitation of the pursuit of art. 184 prescription of execution art. 185 reprimand art. 186 deprivation of exit art. 187 fine disciplinary art. 188 recover the disciplinary fine art. 189 cases art. Execution of judgments 190 during the service article 191 judgments outside the service article 192 confiscation art. 193 prohibition of other sanctions art. 194 competence in general art. 195 conflicts of jurisdiction art. 196 skill of the Commander of unit art. 197 skill of senior commands and military art. 198 jurisdiction in special cases art. 199 establishment of the facts, the rights of defence of the offending alleged art. 200 report to the competent authority. Proposal of punishment art. 201 apprehension and provisional arrest art. Content of the decision and notification article 202 203 independence art. 204. communication of decision and register of sanctions art. 205 instance of appeal art. 206 form, time and suspensive effect art. 207 procedure, decision and notification of the decision art. 208 Court of appeal art. 209 shape, time and suspensive effect art. 209a Procedure and decision art. 210 times, return art. 211 waiver to use art. 212 protection of the right of appeal art. 213 art. Previous judgments Art. 214 215 prescription art. 216 repealed art. 217 Court military art. 218 courts ordinary art. 219 competent courts in case of participation of civilians art. 220 competent courts in the case of offences or criminal laws article contest 221 competent courts for genocide, crimes against humanity or war crimes art. 221a regular lawsuit against a person in the service of art. 222 conflicts of jurisdiction art. 223 repealed art. 224 repealed art. 225 locker judiciary art. 226 repealed art. 227 repealed art. 228 to 232 principle art. 232 has jurisdiction art. 232b use in grace art. 232 c effects 2. Amnesty art. 232D repealed art. 233 reference to repealed provisions art. 234 reserve in favour of provisions of the law art. 235 staff subject to the military law art. 236 repealed art. 236a entry into force art. 237 43 375 RO and RS 3 383 RS 101 new content according to chapter I of the Federal Act of 13 Dec 2. 2013 on the prohibition to exercise an activity, the prohibition of contact and geographic ban, in effect since Jan. 1. 2015 (2014 2055 RO; FF 2012 8151).
FF 1918 V 349 new content according to chapter I of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to art. 37 section 2 of the Act of 18 June 2004 on the partnership, in effect since Jan. 1. 2007 (RO 2005 5685; FF 2003-1192).
New content according to section I 2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
Introduced by the ch. I-2 of the Federal Act of 18 June 2010 on mod. LF for the implementation of the Rome Statute of the ICC International, in effect since Jan. 1. 2011 (2010 4963 RO; FF 2008 3461).
The composition of the old art. 129 to 137 was amended by section II of the Federal Act of June 17, 1994, in force since Jan. 1. 1995 (1994 2290 RO).
New content according to chapter II of the Federal Act of 21 June 1991, in effect since Oct. 1. 1992 (1992 1670 RO; FF 1985 II 1021).
New content according to chapter II of the Federal Act of 3 October. 2003 (revision of disciplinary law), in force since March 1, 2004 (RO 2004 921; FF 2002 7285).
Rectified by Commission for the drafting of the SSA. fed. (art. 58 al. 1 PA - RS 171.10).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
Introduced by section II of the Federal Act of June 13, 1941, in force since Jan. 1. 1942 (57 1301 RO; FF 1940 1021).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
New content according to chapter III of the Federal Act of March 21, 2003, in force since Jan. 1. 2007 (RO 2006 3389; FF 1999 1787).
1979 1037 RO; FF 1977 II 1 art. 215 and 216 currently has a new content and art. 217 is repealed.
2006 3389 RO; FF 1999 1787 new content according to chapter I of the Federal Act of 3 October. 2008 (MOD. arising of the new PG CPM and other adaptations), in force since March 1, 2009 (RO 2009 701; FF 2007 7845).
RO 1975 55, 1979 1037 RO 1951 439 RS 311.0 new content according to chapter II of the Federal Act of 24 March 2006 (fixes in terms of sanctions and criminal), in force since Jan. 1. 2007 (RO 2006 3539; FF 2005-4425) status January 1, 2016

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