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Swiss Criminal Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

The Federal Assembly the Swiss Confederation,

based on Article 123 paragraphs 1 and 3 of the Federal Constitution1,2 and having considered a Federal Council Dispatch dated 23 July 19183,

decrees:

Book One: General Provisions

Part One: Felonies and Misdemeanours

Title One: Scope of Application

Art. 1

1. No pen­alty without a law

 

No one may be pun­ished for an act un­less it has been ex­pressly de­clared to be an of­fence by the law.

Art. 2

2. Com­mence­ment of ap­plic­ab­il­ity of the Code

 

1This Code ap­plies to any per­son who com­mits a felony or mis­de­mean­our fol­low­ing the date on which it comes in­to force.

2Any per­son who com­mits a felony or mis­de­mean­our pri­or to this Code com­ing in­to force is only sub­ject to its terms in the event that the pen­alty here­un­der is re­duced than the pen­alty that would oth­er­wise ap­ply.

Art. 3

3. Ter­rit­ori­al scope of ap­plic­a­tion

Felon­ies or mis­de­mean­ours in Switzer­land

 

1Any per­son who com­mits a felony or mis­de­mean­our in Switzer­land is sub­ject to this Code.

2If the per­son con­cerned has served a sen­tence in full or in part for the of­fence in an­oth­er coun­try, the Swiss court must take the sen­tence served in­to ac­count in de­term­in­ing the sen­tence to be im­posed.

3If the per­son con­cerned has been pro­sec­uted in a for­eign coun­try at the re­quest of the Swiss au­thor­it­ies, then un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion or the Con­ven­tion from 4 Novem­ber 19501 for the pro­tec­tion of Hu­man Rights and Fun­da­ment­al Freedoms (ECHR), he is not pro­sec­uted in Switzer­land for the same of­fence if:

a.
the for­eign court has ac­quit­ted him and the judg­ment has taken full leg­al ef­fect;
b.
the pen­alty to which he had been sen­tenced in the for­eign coun­try has been served, sus­pen­ded or has pre­scribed.

4If the per­son pro­sec­uted abroad at the re­quest of the Swiss au­thor­it­ies has not served the sen­tence or has only served it in part, the whole sen­tence or the re­mainder shall be served in Switzer­land. The court de­cides wheth­er a meas­ure that has not been ex­ecuted abroad or has only been served in part must be ex­ecuted or con­tin­ued in Switzer­land.


1 SR 0.101

Art. 4

Felon­ies or mis­de­mean­ours against the state com­mit­ted abroad

 

1This Code also ap­plies to any per­son who com­mits a felony or mis­de­mean­our against the state or its na­tion­al se­cur­ity (Art. 265-278).

2If the per­son con­cerned has been con­victed of the of­fence and has served the sen­tence in full or in part in an­oth­er coun­try, the court shall take the sen­tence served in­to ac­count in de­term­in­ing the sen­tence to be im­posed.

Art. 5

Of­fences against minors abroad1

 

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

a.2
traf­fick­ing in hu­man be­ings (Art. 182), in­de­cent as­sault (Art. 189), rape (Art. 190), sexu­al acts with a per­son in­cap­able of prop­er judg­ment or res­ist­ance (Art. 191) or en­cour­aging pros­ti­tu­tion (Art. 195) if the vic­tim was less than 18 years of age;
abis.3
sexu­al acts with de­pend­ent per­sons (Art. 188) and sexu­al acts with minors against pay­ment (Art. 196);
b.
sexu­al acts with chil­dren (Art. 187) if the vic­tim was less than 14 years of age;
c.4
ag­grav­ated por­no­graphy (Art. 197 para. 3 and 4) if the items or per­form­ances de­pict sexu­al acts with minors.

2Un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion and the ECHR5, the per­son con­cerned is not li­able to fur­ther pro­sec­u­tion in Switzer­land for the of­fence if:

a.
he has been ac­quit­ted of the of­fence abroad in a leg­ally bind­ing judg­ment;
b.
the sen­tence that was im­posed abroad has been served, waived, or has pre­scribed.

3If the per­son con­cerned has been con­victed of the of­fence abroad and if the sen­tence im­posed abroad has been partly served, the court shall take the part served in­to ac­count in the sen­tence to be im­posed. The court de­cides wheth­er a meas­ure ordered abroad but only partly ex­ecuted there must be con­tin­ued or taken in­to ac­count in the sen­tence im­posed in Switzer­land.


1 Ex­pres­sion amended by An­nex No 14 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). This amend­ment has been made throughout the text.
2 Amended by Art. 2 No 1 of the Fed­er­al De­cree of 24 March 2006 on the Ap­prov­al and Im­ple­ment­a­tion of the Op­tion­al Pro­tocol of 25 May 2000 to the Con­ven­tion on the Rights of the Child, on the Sale of Chil­dren, Child Pros­ti­tu­tion and Child Por­no­graphy, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).
3 In­ser­ted by An­nex No 1 of the Fed­er­al De­cree of 27 Sept. 2013 (Lan­zarote Con­ven­tion), in force since 1 Ju­ly 2014 (AS 2014 1159; BBl 2012 7571).
4 Amended by An­nex No 1 of the Fed­er­al De­cree of 27 Sept. 2013 (Lan­zarote Con­ven­tion), in force since 1 Ju­ly 2014 (AS 2014 1159; BBl 2012 7571).
5 SR 0.101

Art. 6

Of­fences com­mit­ted abroad pro­sec­uted in terms of an in­ter­na­tion­al ob­lig­a­tion

 

1Any per­son who com­mits a felony or mis­de­mean­our abroad that Switzer­land is ob­liged to pro­sec­ute in terms of an in­ter­na­tion­al con­ven­tion is sub­ject to this Code provided:

a.
the act is also li­able to pro­sec­u­tion at the place of com­mis­sion or no crim­in­al law jur­is­dic­tion ap­plies at the place of com­mis­sion; and
b.
the per­son con­cerned re­mains in Switzer­land and is not ex­tra­dited to the for­eign coun­try.

2The court de­term­ines the sen­tence so that over­all the per­son con­cerned is not treated more severely than would have been the case un­der the law at the place of com­mis­sion.

3Un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion and of the ECHR1, the per­son con­cerned is not li­able to fur­ther pro­sec­u­tion in Switzer­land if:

a.
he has been ac­quit­ted of the of­fence abroad in a leg­ally bind­ing judg­ment;
b.
the sen­tence that was im­posed abroad has been ex­ecuted, waived, or has pre­scribed.

4If the per­son con­cerned has been con­victed of the of­fence abroad and if the sen­tence im­posed abroad has been partly served, the court shall take the part served in­to ac­count in the sen­tence to be im­posed. The court de­cides wheth­er a meas­ure ordered abroad but only partly ex­ecuted there must be con­tin­ued or taken in­to ac­count in the sen­tence im­posed in Switzer­land.


1 SR 0.101

Art. 7

Oth­er of­fences com­mit­ted abroad

 

1Any per­son who com­mits a felony or mis­de­mean­our abroad where the re­quire­ments of Art­icles 4, 5 or 6 are not ful­filled is sub­ject to this Code if:

a.
the of­fence is also li­able to pro­sec­u­tion at the place of com­mis­sion or the place of com­mis­sion is not sub­ject to crim­in­al law jur­is­dic­tion;
b.
the per­son con­cerned is in Switzer­land or is ex­tra­dited to Switzer­land due to the of­fence; and
c.
un­der Swiss law ex­tra­di­tion is per­mit­ted for the of­fence, but the per­son con­cerned is not be­ing ex­tra­dited.

2If the per­son con­cerned is not Swiss and if the felony or mis­de­mean­our was not com­mit­ted against a Swiss per­son, para­graph 1 is ap­plic­able only if:

a.
the re­quest for ex­tra­di­tion was re­fused for a reas­on un­re­lated to the nature of the of­fence; or
b.
the of­fend­er has com­mit­ted a par­tic­u­larly ser­i­ous felony that is pro­scribed by the in­ter­na­tion­al com­munity.

3The court shall de­term­ine the sen­tence so that over­all the per­son con­cerned is not treated more severely than would have been the case un­der the law at the place of com­mis­sion.

4Un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion and the ECHR1, the per­son con­cerned is not li­able to fur­ther pro­sec­u­tion in Switzer­land for the of­fence if:

a.
he has been ac­quit­ted of the of­fence abroad in a leg­ally bind­ing judg­ment;
b.
the sen­tence that was im­posed abroad has been served, waived, or has pre­scribed.

5If the per­son con­cerned has been con­victed of the of­fence abroad and if the sen­tence im­posed abroad has been partly served, the court shall take the part served in­to ac­count in the sen­tence to be im­posed. The court de­cides wheth­er a meas­ure ordered abroad but only partly ex­ecuted there must be con­tin­ued or taken in­to ac­count in the sen­tence im­posed in Switzer­land.


1 SR 0.101

Art. 8

Place of com­mis­sion

 

1A felony or mis­de­mean­our is con­sidered to be com­mit­ted at the place where the per­son con­cerned com­mits it or un­law­fully omits to act, and at the place where the of­fence has taken ef­fect

2An at­temp­ted of­fence is con­sidered to be com­mit­ted at the place where the per­son con­cerned at­temp­ted it and at the place where he in­ten­ded the of­fence to take ef­fect.

Art. 9

4. Per­son­al scope of ap­plic­a­tion

 

1This Code does not ap­ply to per­sons whose of­fences are sub­ject to mil­it­ary crim­in­al law.

2For per­sons who have not at­tained the age of 18 at the time of the of­fence, the pro­vi­sions of the Ju­ven­ile Crim­in­al Law Act of 20 June 20031 (JCLA) are re­served. Where an of­fence com­mit­ted be­fore and after at­tain­ing the age of 18 must be judged, Art­icle 3 para­graph 2 JCLA ap­plies.2


1 SR 311.1
2 Amended by Art. 44 No 1 of the Ju­ven­ile Crim­in­al Law Act of 20 June 2003, in force since 1 Jan. 2007 (AS 2006 3545; BBl 1999 1979).

Title Two: Criminal Liability

Art. 10

1. Felon­ies and mis­de­mean­ours

Defin­i­tion

 

1In this Code, felon­ies are dis­tin­guished from mis­de­mean­ours ac­cord­ing to the sever­ity of the pen­al­ties that the of­fence car­ries.

2Felon­ies are of­fences that carry a cus­todi­al sen­tence of more than three years.

3Mis­de­mean­ours are of­fences that carry a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

Art. 11

Com­mis­sion by omis­sion

 

1A felony or mis­de­mean­our may also be com­mit­ted by a fail­ure to com­ply with a duty to act.

2A per­son fails to com­ply with a duty to act if he does not pre­vent a leg­al in­terest pro­tec­ted un­der crim­in­al law from be­ing ex­posed to danger or from be­ing harmed even though, due to his leg­al po­s­i­tion, he has a duty to do so, in par­tic­u­lar on the basis of:

a.
the law;
b.
a con­tract;
c.
a risk-bear­ing com­munity entered in­to vol­un­tar­ily; or
d.
the cre­ation of a risk.

3Any per­son who fails to com­ply with a duty to act is li­able to pro­sec­u­tion only if, on the basis of the ele­ments of the of­fence con­cerned, his con­duct is, in the cir­cum­stances, as culp­able as it would have been had he act­ively com­mit­ted the of­fence.

4The court may re­duce the sen­tence.

Art. 12

2. In­ten­tion and neg­li­gence

Defin­i­tions

 

1Un­less the law ex­pressly provides oth­er­wise, a per­son is only li­able to pro­sec­u­tion for a felony or mis­de­mean­our if he com­mits it wil­fully.

2A per­son com­mits a felony or mis­de­mean­our wil­fully if he car­ries out the act in the know­ledge of what he is do­ing and in ac­cord­ance with his will. A per­son acts wil­fully as soon as he re­gards the real­isa­tion of the act as be­ing pos­sible and ac­cepts this.

3A per­son com­mits a felony or mis­de­mean­our through neg­li­gence if he fails to con­sider or dis­reg­ards the con­sequences of his con­duct due to a culp­able lack of care. A lack of care is culp­able if the per­son fails to ex­er­cise the care that is in­cum­bent on him in the cir­cum­stances and com­men­sur­ate with his per­son­al cap­ab­il­it­ies.

Art. 13

Er­ror of fact

 

1If the per­son con­cerned acts un­der an er­ro­neous be­lief as to the cir­cum­stances, the court shall judge the act ac­cord­ing to the cir­cum­stances as the of­fend­er be­lieved them to be.

2If the per­son con­cerned could have avoided the er­ror had he ex­er­cised due care, he is li­able to pro­sec­u­tion for his neg­li­gent act provided the neg­li­gent com­mis­sion of the act is an of­fence.

Art. 14

3. Law­ful acts and guilt

Act per­mit­ted by law

 

Any per­son who acts as re­quired or per­mit­ted by the law, acts law­fully even if the act car­ries a pen­alty un­der this Code or an­oth­er Act.

Art. 15

Le­git­im­ate self-de­fence

 

If any per­son is un­law­fully at­tacked or threatened with im­min­ent at­tack, the per­son at­tacked and any oth­er per­son are en­titled to ward off the at­tack by means that are reas­on­able in the cir­cum­stances.

Art. 16

Mit­ig­at­ory self-de­fence

 

1If a per­son in de­fend­ing him­self ex­ceeds the lim­its of self-de­fence as defined in Art­icle 15 and in do­ing so com­mits an of­fence, the court shall re­duce the sen­tence.

2If a per­son in de­fend­ing him­self ex­ceeds the lim­its of self-de­fence as a res­ult of ex­cus­able ex­cite­ment or pan­ic in re­ac­tion to the at­tack, he does not com­mit an of­fence.

Art. 17

Le­git­im­ate act in a situ­ation of ne­ces­sity

 

Any per­son who car­ries out an act that car­ries a crim­in­al pen­alty in or­der to save a leg­al in­terest of his own or of an­oth­er from im­me­di­ate and not oth­er­wise avert­able danger, acts law­fully if by do­ing so he safe­guards in­terests of high­er value.

Art. 18

Mit­ig­at­ory act in a situ­ation of ne­ces­sity

 

1Any per­son who car­ries out an act that car­ries a crim­in­al pen­alty in or­der to save him­self or an­oth­er from im­me­di­ate and not oth­er­wise avert­able danger to life or limb, free­dom, hon­our, prop­erty or oth­er in­terests of high value shall re­ceive a re­duced pen­alty if he could reas­on­ably have been ex­pec­ted to aban­don the en­dangered in­terest.

2If the per­son con­cerned could not have been reas­on­ably ex­pec­ted to aban­don the en­dangered in­terest, he does not com­mit an of­fence.

Art. 19

Ab­sence of leg­al re­spons­ib­il­ity due to a men­tal dis­order and di­min­ished re­spons­ib­il­ity

 

1If the per­son con­cerned was un­able at the time of the act to ap­pre­ci­ate that his act was wrong or to act in ac­cord­ance with this ap­pre­ci­ation of the act, he is not li­able to a pen­alty.

2If the per­son con­cerned was only par­tially able at the time of the act to ap­pre­ci­ate that his act was wrong or to act in ac­cord­ance with this ap­pre­ci­ation of the act, the court shall re­duce the sen­tence.

3Meas­ures in ac­cord­ance with Art­icles 59-61, 63, 64, 67, 67b and 67e may, however, be taken.1

4If it was pos­sible for the per­son con­cerned to avoid his state of men­tal in­ca­pa­city or di­min­ished re­spons­ib­il­ity and had he done so to fore­see the act that may be com­mit­ted in that state, para­graphs 1-3 do not ap­ply.


1 Amended by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

Art. 20

Doubt as to leg­al re­spons­ib­il­ity

 

If there are ser­i­ous grounds for be­liev­ing that the ac­cused may be leg­ally re­spons­ible due to a men­tal dis­order, the in­vest­ig­at­ing au­thor­ity or the court shall or­der a spe­cial­ist re­port from an ex­pert.

Art. 21

Er­ror as to un­law­ful­ness

 

Any per­son who is not and can­not be aware that, by car­ry­ing out an act, he is act­ing un­law­fully, does not com­mit an of­fence. If the er­ror was avoid­able, the court shall re­duce the sen­tence.

Art. 22

4. At­tempts

Crim­in­al li­ab­il­ity for at­tempts

 

1If, hav­ing em­barked on com­mit­ting a felony or mis­de­mean­our, the of­fend­er does not com­plete the crim­in­al act or if the res­ult re­quired to com­plete the act is not or can­not be achieved, the court may re­duce the pen­alty.

2If the of­fend­er fails to re­cog­nise through a ser­i­ous lack of judge­ment that the act can­not un­der any cir­cum­stances be com­pleted due to the nature of the ob­ject­ive or the means used to achieve it, no pen­alty is im­posed.

Art. 23

With­draw­al and act­ive re­pent­ance

 

1If the per­son con­cerned of his own ac­cord does not com­plete the crim­in­al act or if he as­sists in pre­vent­ing the com­ple­tion of the act, the court may re­duce the sen­tence or waive any pen­alty.

2If two or more per­sons carry out or par­ti­cip­ate in a crim­in­al act, the court may re­duce the sen­tence or waive any pen­alty in re­spect of any per­son con­cerned who, of his own ac­cord, as­sists in pre­vent­ing the com­ple­tion of the act.

3The court may also re­duce the sen­tence or waive any pen­alty in re­spect of a per­son who with­draws from car­ry­ing out or par­ti­cip­at­ing in a crim­in­al act if the with­draw­al of the per­son con­cerned would have pre­ven­ted the com­ple­tion of the act had it not re­mained un­com­pleted for oth­er reas­ons.

4If one or more of the per­sons car­ry­ing out or par­ti­cip­at­ing in a crim­in­al act makes a ser­i­ous ef­fort to pre­vent the com­ple­tion of the act, the court may re­duce the sen­tence or waive any pen­alty if an of­fence is com­mit­ted ir­re­spect­ive of the ef­forts of that per­son or per­sons.

Art. 24

5. Par­ti­cip­a­tion

In­cite­ment

 

1Any per­son who has wil­fully in­cited an­oth­er to com­mit a felony or a mis­de­mean­our, provided the of­fence is com­mit­ted, in­curs the same pen­alty as ap­plies to the per­son who has com­mit­ted the of­fence.

2Any per­son who at­tempts to in­cite someone to com­mit a felony in­curs the pen­alty ap­plic­able to an at­tempt to com­mit that felony.

Art. 25

Com­pli­city

 

Any per­son who wil­fully as­sists an­oth­er to com­mit a felony or a mis­de­mean­our is li­able to a re­duced pen­alty.

Art. 26

Par­ti­cip­a­tion in a spe­cial of­fence

 

If crim­in­al li­ab­il­ity is es­tab­lished or in­creased by a spe­cial ob­lig­a­tion on the part of the of­fend­er, a par­ti­cipant is li­able to a re­duced pen­alty.

Art. 27

Per­son­al cir­cum­stances

 

Spe­cial per­son­al con­di­tions, char­ac­ter­ist­ics and cir­cum­stances that in­crease, re­duce or ex­clude crim­in­al li­ab­il­ity are taken in­to ac­count in the case of of­fend­ers or par­ti­cipants to which they ap­ply.

Art. 28

6. Crim­in­al li­ab­il­ity of the me­dia

 

1If an of­fence is com­mit­ted and com­pleted through pub­lic­a­tion in a me­di­um, then, sub­ject to the fol­low­ing pro­vi­sions, only the au­thor is li­able to pro­sec­u­tion.

2If the au­thor can­not be iden­ti­fied or if he can­not be brought to court in Switzer­land, then the ed­it­or re­spons­ible in ac­cord­ance with Art­icle 322bis is li­able to pro­sec­u­tion. If there is no re­spons­ible ed­it­or, then the per­son re­spons­ible for pub­lic­a­tion in ac­cord­ance with Art­icle 322bis is li­able for pro­sec­u­tion.

3If the pub­lic­a­tion has taken place without the know­ledge or against the will of the au­thor, then the ed­it­or or, in his ab­sence, the per­son re­spons­ible for pub­lic­a­tion is li­able to pro­sec­u­tion as the of­fend­er.

4The ac­cur­ate re­port­ing of pub­lic talks and of­fi­cial com­mu­nic­a­tions from a pub­lic au­thor­ity may not be made sub­ject to pro­sec­u­tion.

Art. 28a

Pro­tec­tion of sources

 

1If per­sons who are pro­fes­sion­ally in­volved in the pub­lic­a­tion of in­form­a­tion in the ed­it­or­i­al sec­tion of a peri­od­ic­al me­di­um or their aux­il­i­ary per­son­nel re­fuse to give evid­ence as to the iden­tity of the au­thor or as to the con­tent and sources of their in­form­a­tion, they are not li­able to any pen­alty nor to any pro­ced­ur­al law en­force­ment meas­ures.

2 Para­graph 1 does not ap­ply if the court holds that:

a.
the evid­ence is re­quired in or­der to save a per­son from im­me­di­ate danger to life or limb; or
b.1
without the evid­ence, a case of hom­icide un­der Art­icles 111-113 or a dif­fer­ent felony that car­ries a min­im­um cus­todi­al sen­tence of three years, or an of­fence un­der Art­icles 187, 189-191, 197 para­graph 4, 260ter, 260quin­quies, 305bis, 305ter and 322ter-322sep­ties of this Code or un­der Art­icle 19 para­graph 2 of the Nar­cot­ics Act of 3 Oc­to­ber 19512 will not be solved or the per­sons sus­pec­ted of com­mit­ting the said of­fence may not be ap­pre­hen­ded.

1 Amended by An­nex No 1 of the Fed­er­al De­cree of 27 Sept. 2013 (Lan­zarote Con­ven­tion), in force since 1 Ju­ly 2014 (AS 2014 1159; BBl 2012 7571).
2 SR 812.121

Art. 29

7. Agency re­la­tion­ships

 

A spe­cial ob­lig­a­tion, the vi­ol­a­tion of which es­tab­lishes or in­creases crim­in­al li­ab­il­ity, and which is in­cum­bent only on the leg­al en­tity, the com­pany or the sole pro­pri­et­or­ship1, is at­trib­uted to a nat­ur­al per­son, if that per­son acts:

a.
as a gov­ern­ing of­ficer or as a mem­ber of a gov­ern­ing of­ficer of a leg­al en­tity;
b.
as a part­ner;
c.
as an em­ploy­ee with in­de­pend­ent de­cision-mak­ing au­thor­ity in his field of activ­ity with­in a leg­al en­tity, a com­pany or a sole pro­pri­et­or­ship2; or
d.
without be­ing a gov­ern­ing of­ficer, mem­ber of a gov­ern­ing of­ficer, part­ner or em­ploy­ee, as the de facto man­ager.

1 Foot­note rel­ev­ant to Ger­man text only.
2 Foot­note rel­ev­ant to Ger­man text only.

Art. 30

8. Crim­in­al com­plaint

Right to file a com­plaint

 

1If an act is li­able to pro­sec­u­tion only if a com­plaint is filed, any per­son who suf­fers harm due to the act may re­quest that the per­son re­spons­ible be pro­sec­uted.

2If the per­son suf­fer­ing harm does not have the leg­al ca­pa­city to act, his leg­al rep­res­ent­at­ive is en­titled to file a com­plaint. If he is un­der guard­i­an­ship or sub­ject to a gen­er­al deputy­ship, the adult pro­tec­tion au­thor­ity is also en­titled to file a com­plaint.1

3If the per­son suf­fer­ing harm is a minor or if he is sub­ject to a gen­er­al deputy­ship, he is en­titled to file a com­plaint if he is cap­able of judge­ment.2

4If the per­son suf­fer­ing harm dies without fil­ing the crim­in­al com­plaint or without ex­pressly waiv­ing his right to file the crim­in­al com­plaint, his next of kin are en­titled to file the com­plaint.

5If an en­titled per­son ex­pressly waives his right to file a com­plaint, his waiver is fi­nal.


1 Second sen­tence amended by An­nex No 14 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
2 Amended by An­nex No 14 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 31

Time lim­it for fil­ing a com­plaint

 

The right to file a com­plaint ex­pires after three months. The peri­od be­gins on the day that the per­son en­titled to file a com­plaint dis­cov­ers the iden­tity of sus­pect.

Art. 32

In­di­vis­ib­il­ity

 

If an en­titled per­son files a com­plaint against one per­son who par­ti­cip­ated in the act, all the par­ti­cipants be­come li­able to pro­sec­u­tion.

Art. 33

With­draw­al of a com­plaint

 

1The per­son en­titled to file a com­plaint may with­draw the com­plaint at any time be­fore no­tice is giv­en of the judg­ment of the second can­ton­al in­stance.

2Any per­son who has with­drawn his com­plaint may not file it again.

3If the en­titled per­son with­draws his com­plaint against one sus­pect, the with­draw­al ap­plies to all sus­pects.

4If a sus­pect ob­jects to the with­draw­al of the com­plaint against him, the with­draw­al does not ap­ply to him.

Title Three: Sentences and Measures

Chapter One: Sentences

Section One: Monetary Penalties and Custodial Sentences

Art. 34

1. Mon­et­ary pen­alty

As­sess­ment

 

1Un­less the law provides oth­er­wise, a mon­et­ary pen­alty amounts to a min­im­um of three and a max­im­um of 180 daily pen­alty units.1 The court de­cides on the num­ber ac­cord­ing to the culp­ab­il­ity of the of­fend­er.

2A daily pen­alty unit nor­mally amounts to a min­im­um of 30 and a max­im­um of 3000 francs. By way of ex­cep­tion, if the of­fend­er's per­son­al or fin­an­cial cir­cum­stances so re­quire, the value of the daily pen­alty unit may be re­duced to 10 francs. The court de­cides on the value of the daily pen­alty unit ac­cord­ing to the per­son­al and fin­an­cial cir­cum­stances of the of­fend­er at the time of con­vic­tion, and in par­tic­u­lar ac­cord­ing to his in­come and cap­it­al, liv­ing ex­penses, any main­ten­ance or sup­port ob­lig­a­tions and the min­im­um sub­sist­ence level.2

3The au­thor­it­ies of the Con­fed­er­a­tion, the can­tons and the com­munes shall provide the in­form­a­tion re­quired to de­term­ine the daily pen­alty unit.

4The num­ber and value of the daily pen­alty units must be stated in the judg­ment.


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
2 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 35

Ex­e­cu­tion

 

1The ex­ec­ut­ive au­thor­ity shall spe­cify that the of­fend­er make pay­ment with­in a peri­od of between one and six months.1 It may stip­u­late pay­ment by in­stal­ments and on re­quest may ex­tend the peri­od al­lowed.

2If there is jus­ti­fied sus­pi­cion that the of­fend­er will fail to pay the mon­et­ary pen­alty, the ex­ec­ut­ive au­thor­ity may re­quest im­me­di­ate pay­ment or the pro­vi­sion of se­cur­ity.

3If the of­fend­er fails to pay the mon­et­ary pen­alty with­in the spe­cified peri­od, the ex­ec­ut­ive au­thor­ity shall in­struct the debt col­lec­tion pro­ceed­ings provided their suc­cess is ex­pec­ted.


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 36

Al­tern­at­ive cus­todi­al sen­tence

 

1In the event that the of­fend­er fails to pay the mon­et­ary pen­alty and it is not re­cov­er­able through debt col­lec­tion pro­ced­ures (Art. 35 para. 3), the of­fend­er shall serve a cus­todi­al sen­tence as the al­tern­at­ive to the mon­et­ary pen­alty. A daily pen­alty unit cor­res­ponds to one day in cus­tody. The ret­ro­spect­ive pay­ment of the mon­et­ary pen­alty leads to a cor­res­pond­ing re­duc­tion in the al­tern­at­ive cus­todi­al sen­tence.

2If the mon­et­ary pen­alty has been im­posed by an ad­min­is­trat­ive au­thor­ity, the court de­cides on the al­tern­at­ive cus­todi­al sen­tence.

3-51


1 Re­pealed by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), with ef­fect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 37-39

2. …

 

1 Re­pealed by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), with ef­fect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 40

3. Cus­todi­al sen­tence

Term

 

1The min­im­um term of a cus­todi­al sen­tence is three days; a short­er cus­todi­al sen­tence in lieu of an un­paid mon­et­ary pen­alty (Art. 36) or fine (Art. 106) is re­served.

2The max­im­um term of a cus­todi­al sen­tence is 20 years. Where the law ex­pressly provides, the cus­todi­al sen­tence is for life


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 41

Cus­todi­al sen­tence in­stead of a mon­et­ary pen­alty

 

1The court may im­pose a cus­todi­al sen­tence in­stead of a mon­et­ary pen­alty if:

a.
a cus­todi­al sen­tence ap­pears ap­pro­pri­ate in or­der to pre­vent the of­fend­er from com­mit­ting fur­ther felon­ies or mis­de­mean­ours; or
b.
it is an­ti­cip­ated that it will not be pos­sible to en­force a mon­et­ary pen­alty.

2The court must ex­plain why it has de­cided to im­pose a cus­todi­al sen­tence.

3The right is re­served to im­pose a cus­todi­al sen­tence in­stead of an un­paid mon­et­ary pen­alty (Art. 36).


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Section Two: Suspended and Partially Suspended Sentences

Art. 42

1. Sus­pen­ded sen­tences

 

1The court shall nor­mally sus­pend the ex­e­cu­tion of a mon­et­ary pen­alty or a cus­todi­al sen­tence of no more than two years un­less an un­sus­pen­ded sen­tence ap­pears to be ne­ces­sary in or­der to pre­vent the of­fend­er from com­mit­ting fur­ther felon­ies or mis­de­mean­ours.1

2If the of­fend­er re­ceived a sus­pen­ded or un­sus­pen­ded cus­todi­al sen­tence of more than six months with­in the five years pri­or to the of­fence, the sen­tence may only be sus­pen­ded where the cir­cum­stances are es­pe­cially fa­vour­able.2

3The sus­pen­sion of the ex­e­cu­tion of a sen­tence may also be re­fused if the of­fend­er has failed to make a reas­on­able ef­fort to com­pensate for any loss or dam­age he may have caused.

4A sus­pen­ded sen­tence may be com­bined with a fine in ac­cord­ance with Art­icle 106.3


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
2 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
3 Amended by No I of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 43

2. Par­tially sus­pen­ded cus­todi­al sen­tences1

 

1The court may par­tially sus­pend the ex­e­cu­tion of a cus­todi­al sen­tence of at least one year and no more than three years if this is ne­ces­sary in or­der to take suf­fi­cient ac­count of the culp­ab­il­ity of the of­fend­er.2

2The part of the sen­tence that must be ex­ecuted im­me­di­ately may not ex­ceed one half of the sen­tence.

3Both the sus­pen­ded and the un­sus­pen­ded part must amount to at least six months.3 The pro­vi­sions on the grant­ing of pa­role (Art. 86) do not ap­ply to the un­sus­pen­ded part of the sen­tence.


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
2 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
3 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 44

3. Gen­er­al pro­vi­sions

Pro­ba­tion­ary peri­od

 

1If the court sus­pends the ex­e­cu­tion of a sen­tence in full or in part, it shall make the of­fend­er sub­ject to a pro­ba­tion­ary peri­od of from two to five years.

2The court may or­der pro­ba­tion as­sist­ance and im­pose con­duct or­ders for the dur­a­tion of the pro­ba­tion­ary peri­od.

3The court shall ex­plain the im­port­ance and the con­sequences of the sus­pen­ded and par­tially sus­pen­ded sen­tence to the of­fend­er.

Art. 45

Suc­cess­ful com­ple­tion of pro­ba­tion

 

If the of­fend­er is of good con­duct un­til the ex­piry of the pro­ba­tion­ary peri­od, the post­poned sen­tence is not ex­ecuted.

Art. 46

Breach of pro­ba­tion

 

1If the of­fend­er com­mits a felony or mis­de­mean­our dur­ing the pro­ba­tion­ary peri­od and if it there­fore must be ex­pec­ted that he will com­mit fur­ther of­fences, the court shall re­voke the sus­pen­ded sen­tence or the sus­pen­ded part of the sen­tence. If the re­voked sen­tence and the new sen­tence are of the same type, they shall form a cu­mu­lat­ive sen­tence in ana­log­ous ap­plic­a­tion of Art­icle 49.1

2If it is not ex­pec­ted that the of­fend­er will com­mit fur­ther of­fences, the court shall not re­voke the sus­pen­ded sen­tence. It may ad­mon­ish the of­fend­er or ex­tend the pro­ba­tion­ary peri­od by up to one half of the dur­a­tion spe­cified in the judg­ment. The court may or­der pro­ba­tion as­sist­ance and im­pose con­duct or­ders for the dur­a­tion of the ex­ten­ded pro­ba­tion­ary peri­od. If the ex­ten­sion be­gins after the ex­piry of the pro­ba­tion­ary peri­od, the ex­ten­ded peri­od be­gins on the day that it is ordered.

3The court that judges the new felony or mis­de­mean­our also de­cides on re­voc­a­tion.

4If the of­fend­er fails to at­tend for pro­ba­tion as­sist­ance or dis­reg­ards the con­duct or­ders, Art­icle 95 para­graphs 3-5 ap­ply.

5Re­voc­a­tion may no longer be ordered if three years have elapsed since the ex­piry of the pro­ba­tion­ary peri­od.


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Section Three: Determination of the Sentence

Art. 47

1. Prin­ciple

 

1The court de­term­ines the sen­tence ac­cord­ing to the culp­ab­il­ity of the of­fend­er. It takes ac­count of the pre­vi­ous con­duct and the per­son­al cir­cum­stances of the of­fend­er as well as the ef­fect that the sen­tence will have on his life.

2Culp­ab­il­ity is as­sessed ac­cord­ing to the ser­i­ous­ness of the dam­age or danger to the leg­al in­terest con­cerned, the rep­re­hens­ib­il­ity of the con­duct, the of­fend­er's motives and aims, and the ex­tent to which the of­fend­er, in view of the per­son­al and ex­tern­al cir­cum­stances, could have avoided caus­ing the danger or dam­age.

Art. 48

2. Mit­ig­a­tion of the sen­tence

Grounds

 

The court shall re­duce the sen­tence if:

a.
the of­fend­er ac­ted:
1.
for hon­our­able motives,
2.
while in ser­i­ous dis­tress,
3.
while of the view that he was un­der ser­i­ous threat,
4.
at the be­hest of a per­son whom he was duty bound to obey or on whom he was de­pend­ent;
b.
the of­fend­er was ser­i­ously pro­voked by the con­duct of the per­son suf­fer­ing in­jury;
c.
the of­fend­er ac­ted in a state of ex­treme emo­tion that was ex­cus­able in the cir­cum­stances or while un­der ser­i­ous psy­cho­lo­gic­al stress;
d.
the of­fend­er has shown genu­ine re­morse, and in par­tic­u­lar has made re­par­a­tion for the in­jury, dam­age or loss caused, in­so­far as this may reas­on­ably be ex­pec­ted of him;
e.
the need for pun­ish­ment has been sub­stan­tially re­duced due to the time that has elapsed since the of­fence and the of­fend­er has been of good con­duct in this peri­od.

Art. 48a

Ef­fect

 

1If the court chooses to re­duce the sen­tence, it is not bound by the min­im­um pen­alty that the of­fence car­ries.

2The court may im­pose a dif­fer­ent form of pen­alty from that which the of­fence car­ries, but re­mains bound by the stat­utory max­im­um and min­im­um levels for that form of pen­alty.

Art. 49

3. Con­cur­rent sen­ten­cing

 

1If the of­fend­er, by com­mit­ting one or more of­fences, has ful­filled the re­quire­ments for two or more pen­al­ties of the same form, the court shall im­pose the sen­tence for the most ser­i­ous of­fence at an ap­pro­pri­ately in­creased level. It may not, however, in­crease the max­im­um level of the sen­tence by more than half, and it is bound by the stat­utory max­im­um for that form of pen­alty.

2If the court must pass sen­tence on an of­fence that the of­fend­er com­mit­ted be­fore he was sen­tenced for a dif­fer­ent of­fence, it shall de­term­ine the sup­ple­ment­ary pen­alty so that the of­fend­er is not more severely pun­ished than he would have been had the sen­tences been im­posed at the same time.

3If the of­fend­er com­mit­ted one or more of­fences be­fore reach­ing the age of 18, the court shall de­term­ine the cu­mu­lat­ive sen­tence in ac­cord­ance with para­graphs 1 and 2 such that it is not more severe than it would have been had sen­tences been im­posed sep­ar­ately.

Art. 50

4. Ob­lig­a­tion to jus­ti­fy

 

Where a judg­ment must be jus­ti­fied, the court shall also spe­cify the cir­cum­stances taken in­to ac­count in de­term­in­ing the sen­tence and their weight­ing.

Art. 51

5. Tak­ing ac­count of time spend on re­mand

 

When de­term­in­ing the sen­tence, the court shall take ac­count of any time spent on re­mand that the of­fend­er has served in re­spect of the pro­ceed­ings in ques­tion or any oth­er pro­ceed­ings. One day in de­ten­tion cor­res­ponds to one daily pen­alty unit of a mon­et­ary pen­alty.1


1 Second sen­tence amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Section Four: Exemption from Punishment and Abandonment of Proceedings

Art. 52

1. Grounds for ex­emp­tion from pun­ish­ment

No need for a pen­alty1

 

The com­pet­ent au­thor­ity shall re­frain from pro­sec­ut­ing the of­fend­er, bring­ing him to court or pun­ish­ing him if the level of culp­ab­il­ity and con­sequences of the of­fence are neg­li­gible.


1 Amended by No I of the FA of 3 Oct. 2003 (Pro­sec­u­tion of Of­fences with­in Mar­riage or Re­gistered Part­ner­ships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).

Art. 53

Re­par­a­tion

 

If the of­fend­er has made re­par­a­tion for the loss, dam­age or in­jury or made every reas­on­able ef­fort to right the wrong that he has caused, the com­pet­ent au­thor­ity shall re­frain from pro­sec­ut­ing him, bring­ing him to court or pun­ish­ing him if:

a.
the re­quire­ments for a sus­pen­ded sen­tence (Art. 42) are ful­filled; and
b.
the in­terests of the gen­er­al pub­lic and of the per­sons harmed in pro­sec­u­tion are neg­li­gible.

Art. 54

Ef­fect on the of­fend­er of his act

 

If the of­fend­er is so ser­i­ously af­fected by the im­me­di­ate con­sequences of his act that a pen­alty would be in­ap­pro­pri­ate, the re­spons­ible au­thor­it­ies shall re­frain from pro­sec­ut­ing him, bring­ing him to court or pun­ish­ing him.

Art. 55

2. Gen­er­al pro­vi­sions

 

1The court shall re­frain from re­vok­ing a sus­pen­ded sen­tence and in the case of the pa­role from a re­call if the re­quire­ments for an ex­emp­tion from pun­ish­ment are met.

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

Art. 55a

3. Dis­con­tinu­ation of pro­ceed­ings. Spouse, re­gistered part­ner, or part­ner as vic­tim2

 

1 In a case of com­mon as­sault (Art. 123 no 2 para. 3-5), re­peated acts of ag­gres­sion (Art. 126 para. 2 let. b, bbis and c), threat­en­ing be­ha­viour (Art. 180 para. 2) and co­er­cion (Art. 181), the pub­lic pro­sec­utor or the court may sus­pend the pro­ceed­ings if:3

a.4
the vic­tim:
1.
is the spouse of the of­fend­er and the of­fence was com­mit­ted dur­ing the mar­riage or with­in a year of di­vorce, or
2.
is the re­gistered part­ner of the of­fend­er and the of­fence was com­mit­ted dur­ing the re­gistered part­ner­ship or with­in a year of its dis­sol­u­tion, or
3.
is the hetero- or ho­mo­sexu­al part­ner of the of­fend­er or the ex-part­ner of the of­fend­er if they have been sep­ar­ated for less than a year; and
b.
the vic­tim or, if he or she lacks leg­al ca­pa­city, his or her leg­al rep­res­ent­at­ive so re­quests or if the vic­tim or his or her leg­al rep­res­ent­at­ive con­sents to a cor­res­pond­ing ap­plic­a­tion from the com­pet­ent au­thor­ity.

2The pro­ceed­ings are re­sumed if the vic­tim or, if he or she lacks leg­al ca­pa­city, his or her leg­al rep­res­ent­at­ive re­vokes con­sent in writ­ing or verbally with­in six months of the sus­pen­sion of the pro­ceed­ings.5

3If con­sent is not re­voked, the pub­lic pro­sec­utor or the court shall or­der the aban­don­ment of the pro­ceed­ings.6

47


1 In­ser­ted by No I of the FA of 3 Oct. 2003 (Pro­sec­u­tion of Of­fences with­in Mar­riage or Re­gistered Part­ner­ships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
2 Amended by Art. 37 No 1 of the Same-Sex Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
3 Amended by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
4 Amended by Art. 37 No 1 of the Same-Sex Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
5 Amended by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
6 Amended by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
7 Re­pealed by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, with ef­fect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

Chapter Two: Measures

Section One: Therapeutic Measures and Indefinite Incarceration

Art. 56

1. Prin­ciples

 

1A meas­ure is ordered if:

a.
a pen­alty alone is not suf­fi­cient to counter the risk of fur­ther of­fend­ing by the of­fend­er;
b.
the of­fend­er re­quires treat­ment or treat­ment is re­quired in the in­terest of pub­lic safety; and
c.
the re­quire­ments of Art­icles 59-61, 63 or 64 are ful­filled.

2The or­der­ing of a meas­ure re­quires that the re­lated in­ter­ven­tion in the per­son­al rights of the of­fend­er is not un­reas­on­able in view of the prob­ab­il­ity and ser­i­ous­ness of ad­di­tion­al of­fences.

3In or­der­ing a meas­ure un­der Art­icles 59-61, 63 and 64 and in modi­fy­ing the sanc­tion in ac­cord­ance with Art­icle 65, the court shall base its de­cision on an ex­pert as­sess­ment. This shall provide an opin­ion on:

a.
the ne­ces­sity and the pro­spects of suc­cess of any treat­ment of the of­fend­er;
b.
the nature and the prob­ab­il­ity of pos­sible ad­di­tion­al of­fences; and
c.
the ways in which the meas­ure may be im­ple­men­ted.

4If the of­fend­er has com­mit­ted an of­fence in terms of Art­icle 64 para­graph 1, the as­sess­ment must be con­duc­ted by an ex­pert who has neither treated the of­fend­er be­fore nor been re­spons­ible in any oth­er way for his care.

4bisIf con­sid­er­a­tion is giv­en to or­der­ing lifelong in­car­cer­a­tion in ac­cord­ance with Art­icle 64 para­graph 1bis, the court shall base its de­cision on re­ports from at least two ex­per­i­enced spe­cial­ists who are in­de­pend­ent of each oth­er and who have neither treated the of­fend­er nor been re­spons­ible in any oth­er way for his care.1

5Nor­mally the court only or­ders a meas­ure if a suit­able in­sti­tu­tion is avail­able.

6Where the re­quire­ments for a meas­ure are no longer ful­filled, it is re­voked.


1 In­ser­ted by No I of the FA of 21 Dec. 2007 (In­def­in­ite In­car­cer­a­tion of Ex­tremely Dan­ger­ous Of­fend­ers), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

Art. 56a

Con­cur­rent meas­ures

 

1If two or more meas­ures are equally suit­able but only one is ne­ces­sary, the court shall or­der the meas­ure that is more con­veni­ent for the of­fend­er.

2If two or more meas­ures are ne­ces­sary, the court may or­der these con­cur­rently.

Art. 57

Re­la­tion­ship between meas­ures and pen­al­ties

 

1If the re­quire­ments for both a pen­alty and a meas­ure are ful­filled, the court shall or­der both sanc­tions.

2The im­ple­ment­a­tion of a meas­ure un­der Art­icles 59-61 takes pre­ced­ence over a cus­todi­al sen­tence that is im­posed at the same time or which is ex­ecuted through re­voc­a­tion of a sus­pen­ded sen­tence or re­call to cus­tody. Like­wise, the re­act­iv­a­tion of the ex­e­cu­tion of a meas­ure in ac­cord­ance with Art­icle 62a takes pre­ced­ence over a cu­mu­lat­ive sen­tence im­posed at the same time.

3The depriva­tion of liberty as­so­ci­ated with the meas­ure must be taken in­to ac­count in de­term­in­ing the pen­alty.

Art. 58

Im­ple­ment­a­tion

 

11

2The thera­peut­ic in­sti­tu­tions in terms of Art­icles 59-61 must be man­aged sep­ar­ately from pen­al in­sti­tu­tions.


1 Re­pealed by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, with ef­fect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

Art. 59

2. In-pa­tient thera­peut­ic meas­ures

Treat­ment of men­tal dis­orders

 

1If the of­fend­er is suf­fer­ing from a ser­i­ous men­tal dis­order, the court may or­der in-pa­tient treat­ment if:

a.
the of­fend­er's men­tal dis­order was a factor in a felony or mis­de­mean­our that he com­mit­ted; and
b.
it is ex­pec­ted that the meas­ure will re­duce the risk of fur­ther of­fences be­ing com­mit­ted in which his men­tal dis­order is a factor.

2The in-pa­tient treat­ment is car­ried out in an ap­pro­pri­ate psy­chi­at­ric in­sti­tu­tion or thera­peut­ic in­sti­tu­tion.

3If there is a risk of the of­fend­er ab­scond­ing or com­mit­ting fur­ther of­fences, he shall be treated in a se­cure in­sti­tu­tion. He may also be treated in a pen­al in­sti­tu­tion in ac­cord­ance with Art­icle 76 para­graph 2, provided it is guar­an­teed that the re­quired thera­peut­ic treat­ment can be provided by spe­cial­ist staff.1

4The depriva­tion of liberty as­so­ci­ated with in-pa­tient treat­ment nor­mally amounts to a max­im­um of five years. If the re­quire­ments for pa­role have not yet been ful­filled after five years and if it is ex­pec­ted that the meas­ure will re­duce the risk of fur­ther felon­ies or mis­de­mean­ours be­ing com­mit­ted in which his men­tal dis­order is a factor, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity or­der the ex­ten­sion of the meas­ure for a max­im­um of five years in any case.


1 Amended by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

Art. 60

Treat­ment of ad­dic­tion

 

1If the of­fend­er is de­pend­ent on ad­dict­ive sub­stances or in any oth­er way de­pend­ent, the court may or­der in-pa­tient treat­ment if:

a.
the of­fend­er's de­pend­ence was a factor in the felony or mis­de­mean­our that he com­mit­ted; and
b.
it is ex­pec­ted that treat­ment will re­duce the risk of fur­ther of­fences be­ing com­mit­ted in which his de­pend­ence is a factor.

2The court shall take ac­count of the of­fend­er's re­quest for and read­i­ness to un­der­go treat­ment.

3The treat­ment is car­ried out in a spe­cial­ised in­sti­tu­tion or, if ne­ces­sary, in a psy­chi­at­ric hos­pit­al. It must be ad­jus­ted to the spe­cial needs of the of­fend­er and the state of his health.

4The depriva­tion of liberty as­so­ci­ated with in-pa­tient treat­ment shall nor­mally amount to a max­im­um of three years. If the re­quire­ments for pa­role have not yet been ful­filled after three years and if it is ex­pec­ted that the meas­ure will re­duce the risk of fur­ther felon­ies or mis­de­mean­ours be­ing com­mit­ted in which his de­pend­ence is a factor, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity on one oc­ca­sion only or­der the ex­ten­sion of the meas­ure for a max­im­um of one fur­ther year. In the event of an ex­ten­sion and the re­call to cus­tody fol­low­ing pa­role, the depriva­tion of liberty as­so­ci­ated with the meas­ure may not ex­ceed a max­im­um of six years.

Art. 61

Meas­ures for young adults

 

1If the of­fend­er was un­der 25 years of age at the time of the of­fence and if he is suf­fer­ing from a ser­i­ous de­vel­op­ment­al dis­order, the court may com­mit him to an in­sti­tu­tion for young adults if:

a.
the of­fend­er's de­vel­op­ment­al dis­order was a factor in the felony or mis­de­mean­our that he com­mit­ted; and
b.
it is ex­pec­ted that the meas­ure will re­duce the risk of fur­ther of­fences be­ing com­mit­ted in which his de­vel­op­ment­al dis­order is a factor.

2In­sti­tu­tions for young adults must be man­aged sep­ar­ately from oth­er in­sti­tu­tions and fa­cil­it­ies un­der this Code.

3The of­fend­er should be taught the skills needed to live in­de­pend­ently and without fur­ther of­fend­ing. In par­tic­u­lar, he should be en­cour­aged to un­der­go ba­sic and ad­vanced vo­ca­tion­al and pro­fes­sion­al train­ing.

4The depriva­tion of liberty as­so­ci­ated with the meas­ure amounts to a max­im­um of four years. In the event of the re­call to cus­tody fol­low­ing re­lease on pa­role, it may not ex­ceed a max­im­um of six years. The meas­ure must be re­voked when the of­fend­er reaches the age of 30.

5If the of­fend­er was con­victed of an of­fence com­mit­ted be­fore he was 18 years of age, the meas­ure may be im­ple­men­ted in an in­sti­tu­tion for minors.

Art. 62

Pa­role

 

1The of­fend­er is re­leased on pa­role from un­der­go­ing an in-pa­tient meas­ure as soon as his con­di­tion jus­ti­fies his be­ing giv­en the liberty to prove him­self.

2In the case of re­lease on pa­role from a meas­ure un­der Art­icle 59, the pro­ba­tion­ary peri­od amounts to one to five years, and in the case of re­lease on pa­role from a meas­ure un­der Art­icles 60 and 61, from one to three years.

3The per­son re­leased on pa­role may be re­quired to un­der­go out-pa­tient treat­ment dur­ing the pro­ba­tion­ary peri­od. The ex­ec­ut­ive au­thor­ity may or­der pro­ba­tion as­sist­ance and is­sue con­duct or­ders for the dur­a­tion the pro­ba­tion­ary peri­od.

4If on ex­piry of the pro­ba­tion­ary peri­od, a con­tinu­ation of the out-pa­tient treat­ment, the pro­ba­tion as­sist­ance or the con­duct or­ders is con­sidered ne­ces­sary in or­der to re­duce the risk of fur­ther felon­ies and mis­de­mean­ours be­ing com­mit­ted that are as­so­ci­ated with the con­di­tion of the per­son re­leased on pa­role, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity ex­tend the pro­ba­tion­ary peri­od as fol­lows:

a.
by one to five years in the case of re­lease on pa­role from a meas­ure in ac­cord­ance with Art­icle 59;
b.
by one to three years in the case of re­lease on pa­role from a meas­ure un­der Art­icles 60 and 61.

5The pro­ba­tion­ary peri­od fol­low­ing re­lease on pa­role from a meas­ure un­der Art­icles 60 and 61 may not ex­ceed six years.

6If the of­fend­er has com­mit­ted an of­fence in terms of Art­icle 64 para­graph 1, the pro­ba­tion­ary peri­od may be ex­ten­ded as of­ten as is con­sidered ne­ces­sary to pre­vent fur­ther such of­fences be­ing com­mit­ted.

Art. 62a

Breach of pro­ba­tion

 

1If a per­son re­leased on pa­role com­mits an of­fence dur­ing the pro­ba­tion­ary peri­od and thus demon­strates that the risk that the meas­ure was in­ten­ded to re­duce is still present, the court as­sess­ing the new of­fence may, after con­sult­ing the ex­ec­ut­ive au­thor­ity:

a.
or­der his re­call to cus­tody;
b.
re­voke the meas­ure and, provided the rel­ev­ant re­quire­ments are ful­filled, or­der a new meas­ure; or
c.
re­voke the meas­ure and, provided the rel­ev­ant re­quire­ments are ful­filled, or­der the ex­e­cu­tion of a cus­todi­al sen­tence.

2If as a res­ult of the new of­fence the re­quire­ments for an un­sus­pen­ded cus­todi­al sen­tence are ful­filled and if this sen­tence runs con­cur­rently with a cus­todi­al sen­tence that has been sus­pen­ded to give pre­ced­ence to the meas­ure, the court shall im­pose a cu­mu­lat­ive sen­tence in ap­plic­a­tion of Art­icle 49.

3If as a res­ult of the con­duct of the per­son re­leased on pa­role dur­ing the pro­ba­tion­ary peri­od there is a ser­i­ous ex­pect­a­tion that he could com­mit an of­fence in terms of Art­icle 64 para­graph 1, the court that ordered the meas­ure may, at the re­quest of the ex­ec­ut­ive au­thor­ity, or­der a re­call to cus­tody.

4For a meas­ure un­der Art­icle 59, the re­call to cus­tody is for a max­im­um peri­od of five years, and for meas­ures un­der Art­icles 60 and 61 for a max­im­um peri­od of two years.

5If the court de­cides against a re­call to cus­tody or a new meas­ure, it may:

a.
ad­mon­ish the per­son re­leased on pa­role;
b.
or­der out-pa­tient treat­ment or pro­ba­tion as­sist­ance;
c.
im­pose con­duct or­ders on the per­son re­leased on pa­role; and
d.
ex­tend the pro­ba­tion­ary peri­od by from one to five years in the case of a meas­ure un­der Art­icle 59, and by from one to three years in the case of a meas­ure un­der Art­icles 60 and 61.

6If the per­son re­leased on pa­role fails to com­ply with the terms of pro­ba­tion as­sist­ance or dis­reg­ards the con­duct or­ders, Art­icle 95 para­graphs 3-5 ap­plies.

Art. 62b

Fi­nal re­lease

 

1If the per­son re­leased on pa­role suc­cess­fully com­pletes the pro­ba­tion­ary peri­od, he is gran­ted fi­nal re­lease.

2The of­fend­er is gran­ted fi­nal re­lease if the max­im­um dur­a­tion of a meas­ure un­der Art­icles 60 and 61 is reached and the re­quire­ments for the pa­role ap­ply.

3If depriva­tion of liberty as­so­ci­ated with the meas­ure is for a short­er peri­od than the sus­pen­ded cus­todi­al sen­tence, the re­mainder of the sen­tence is not ex­ecuted.

Art. 62c

Ter­min­a­tion of a meas­ure

 

1A meas­ure is ter­min­ated, if:

a.
its im­ple­ment­a­tion or con­tinu­ation ap­pears to have no pro­spect of suc­cess;
b.
the max­im­um dur­a­tion un­der Art­icles 60 and 61 has been reached and the re­quire­ments for the pa­role do not ap­ply; or
c.
a suit­able in­sti­tu­tion does not ex­ist or no longer ex­ists.

2If the depriva­tion of liberty as­so­ci­ated with the meas­ure is for a short­er peri­od than the sus­pen­ded cus­todi­al sen­tence, the re­mainder of the sen­tence is ex­ecuted. If the re­quire­ments for pa­role or a sus­pen­ded cus­todi­al sen­tence ap­ply in re­la­tion to the re­mainder of the sen­tence, ex­e­cu­tion of the sen­tence is sus­pen­ded.

3In­stead of or­der­ing the ex­e­cu­tion of the sen­tence, the court may or­der an­oth­er meas­ure if it is to be ex­pec­ted that such a meas­ure will re­duce the risk of the of­fend­er com­mit­ting fur­ther felon­ies and mis­de­mean­ours in which his con­di­tion is a factor.

4If there is a ser­i­ous ex­pect­a­tion that if a meas­ure ordered in re­spect of an of­fence in terms of Art­icle 64 para­graph 1 is ter­min­ated, the of­fend­er will com­mit fur­ther such of­fences, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity or­der his in­def­in­ite in­car­cer­a­tion.

5If the com­pet­ent au­thor­ity re­gards an adult pro­tec­tion meas­ure to be ap­pro­pri­ate on the ter­min­a­tion of the meas­ure, it shall in­form the adult pro­tec­tion au­thor­ity of this.1

6Fur­ther­more, the court may ter­min­ate an in-pa­tient thera­peut­ic meas­ure be­fore or dur­ing its im­ple­ment­a­tion and or­der an­oth­er in-pa­tient thera­peut­ic meas­ure in its place if it is ex­pec­ted that the new meas­ure has a sig­ni­fic­antly bet­ter chance of re­du­cing the risk of the of­fend­er com­mit­ting fur­ther felon­ies and mis­de­mean­ours in which his con­di­tion is a factor.


1 Amended by An­nex No 14 of the FA of 19 Dec. 2008 (Adult Pro­tec­tion, Law of Per­sons and Law of Chil­dren), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).

Art. 62d

Con­sid­er­a­tion of re­lease and the ter­min­a­tion of meas­ures

 

1The com­pet­ent au­thor­ity shall on re­quest or ex of­fi­cio con­sider wheth­er and when the of­fend­er should be re­leased on pa­role from the im­ple­ment­a­tion of the meas­ure or wheth­er the meas­ure should be ter­min­ated. It makes a de­cision on such mat­ters at least once each year. It shall first grant a hear­ing to the of­fend­er and ob­tain a re­port from the gov­ern­ing body of the rel­ev­ant in­sti­tu­tion.

2If the of­fend­er com­mit­ted an of­fence in terms of Art­icle 64 para­graph 1, the com­pet­ent au­thor­ity shall reach its de­cision on the basis of the ex­pert opin­ion of an in­de­pend­ent spe­cial­ist and after hear­ing a com­mit­tee com­pris­ing rep­res­ent­at­ives of the pro­sec­u­tion ser­vices, the ex­e­cu­tion au­thor­it­ies and one or more psy­chi­at­rists. The spe­cial­ists and psy­chi­at­rists con­cerned must not be those re­spons­ible for the treat­ment or care of the of­fend­er.

Art. 63

3. Out-pa­tient treat­ment

Re­quire­ments and im­ple­ment­a­tion

 

1If the of­fend­er is suf­fer­ing from a ser­i­ous men­tal dis­order or if he is de­pend­ent on ad­dict­ive sub­stances or in any oth­er way, the court may or­der that he re­ceive out-pa­tient rather than in-pa­tient treat­ment if:

a.
the of­fend­er com­mits an of­fence in which his con­di­tion is a factor; and
b.
it is ex­pec­ted that the meas­ure will re­duce the risk of fur­ther of­fences be­ing com­mit­ted in which his con­di­tion is a factor.

2The court may de­fer the ex­e­cu­tion of an un­sus­pen­ded cus­todi­al sen­tence im­posed at the same time, a sus­pen­ded cus­todi­al sen­tence due for ex­e­cu­tion fol­low­ing re­voc­a­tion of sus­pen­sion and the re­mainder of a sen­tence due for ex­e­cu­tion fol­low­ing a re­call to cus­tody to give pre­ced­ence to out-pa­tient treat­ment in or­der to take ac­count of the form of the treat­ment. It may or­der pro­ba­tion as­sist­ance and is­sue con­duct or­ders for the dur­a­tion the treat­ment.

3The com­pet­ent au­thor­ity may or­der the of­fend­er to be treated tem­por­ar­ily as an in-pa­tient if this is re­quired in or­der to ini­ti­ate the out-pa­tient treat­ment. The peri­od of in-pa­tient treat­ment may not ex­ceed two months.

4The peri­od of out-pa­tient treat­ment may not nor­mally ex­ceed five years. If the con­tinu­ation of the out-pa­tient treat­ment is con­sidered ne­ces­sary at the end of the five-year peri­od in or­der to re­duce the risk of fur­ther felon­ies and mis­de­mean­ours in which a men­tal dis­order is a factor, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity con­tin­ue the treat­ment for a fur­ther peri­od of from one to five years.

Art. 63a

Ter­min­a­tion of the meas­ure

 

1The com­pet­ent au­thor­ity shall as­sess at least once each year wheth­er the out-pa­tient treat­ment should be con­tin­ued or ter­min­ated. It shall first grant a hear­ing to the of­fend­er and ob­tain a re­port from the ther­ap­ists.

2The out-pa­tient treat­ment is ter­min­ated by the com­pet­ent au­thor­ity if:

a.
it has been suc­cess­fully com­pleted;
b.
its con­tinu­ation ap­pears to have no pro­spect of suc­cess; or
c.
the stat­utory max­im­um dur­a­tion for the treat­ment of an al­co­hol, drug or thera­peut­ic product de­pend­ent per­son has been reached.

3If the of­fend­er com­mits a fur­ther of­fence dur­ing the out-pa­tient treat­ment and thus demon­strates that this form of treat­ment will prob­ably be un­suc­cess­ful in avert­ing the risk of of­fences be­ing com­mit­ted in which the con­di­tion of the of­fend­er is a factor, the un­suc­cess­ful treat­ment shall be ter­min­ated by or­der of the court as­sess­ing the new of­fence.

4If the of­fend­er fails to com­ply with the con­di­tions of pro­ba­tion as­sist­ance or if he dis­reg­ards the con­duct or­ders, Art­icle 95 para­graphs 3-5 ap­plies.

Art. 63b

Ex­e­cu­tion of the sus­pen­ded cus­todi­al sen­tence

 

1If the out-pa­tient treat­ment has been suc­cess­fully com­pleted, the sus­pen­ded cus­todi­al sen­tence is not ex­ecuted.

2If out-pa­tient treat­ment is ter­min­ated due to there be­ing no pro­spect of suc­cess (Art. 63a para. 2 let. b), the stat­utory max­im­um dur­a­tion be­ing reached (Art. 63a para. 2 let. c) or its be­ing un­suc­cess­ful (Art. 63a para. 3), the sus­pen­ded cus­todi­al sen­tence is ex­ecuted.

3If out-pa­tient treat­ment con­duc­ted while the of­fend­er is at liberty is con­sidered a risk to third parties, the sus­pen­ded cus­todi­al sen­tence is ex­ecuted and the out-pa­tient treat­ment con­tin­ued while the cus­todi­al sen­tence is be­ing served.

4The court de­cides on the ex­tent to which the depriva­tion of liberty as­so­ci­ated with the out-pa­tient treat­ment is taken in­to ac­count in de­term­in­ing the cus­todi­al sen­tence. If the re­quire­ments for pa­role or a sus­pen­ded cus­todi­al sen­tence ap­ply in re­la­tion to the re­mainder of the sen­tence, ex­e­cu­tion of the sen­tence is sus­pen­ded.

5In­stead of the ex­e­cu­tion of the sen­tence the court may or­der an in-pa­tient thera­peut­ic meas­ure un­der Art­icles 59-61 if it is to be ex­pec­ted that this will re­duce the risk of the of­fend­er com­mit­ting fur­ther felon­ies or mis­de­mean­ours in which his con­di­tion is a factor.

Art. 64

4. In­def­in­ite in­car­cer­a­tion

Re­quire­ments and ex­e­cu­tion

 

1The court shall or­der in­def­in­ite in­car­cer­a­tion if the of­fend­er has com­mit­ted murder, in­ten­tion­al hom­icide, ser­i­ous as­sault, rape, rob­bery, host­age tak­ing, ar­son, en­dan­ger­ing life or an­oth­er of­fence that car­ries a max­im­um sen­tence of five or more years by which he has caused or in­ten­ded to cause ser­i­ous det­ri­ment to the phys­ic­al, psy­cho­lo­gic­al or sexu­al in­teg­rity of an­oth­er per­son, and if:1

a.
due to the per­son­al­ity traits of the of­fend­er, the cir­cum­stances of the of­fence and his gen­er­al per­son­al cir­cum­stances, it is ser­i­ously ex­pec­ted that he will com­mit fur­ther of­fences of the same type; or
b.
due to a per­man­ent or long-term men­tal dis­order of con­sid­er­able grav­ity that was a factor in the of­fence, it is ser­i­ously ex­pec­ted that the of­fend­er will com­mit fur­ther of­fences of the same type and the or­der­ing of a meas­ure in ac­cord­ance with Art­icle 59 does not prom­ise any suc­cess.

1bisThe court shall or­der lifelong in­car­cer­a­tion if the of­fend­er has com­mit­ted murder, in­ten­tion­al hom­icide, ser­i­ous as­sault, rob­bery, rape, in­de­cent as­sault, false im­pris­on­ment or ab­duc­tion, host­age-tak­ing, en­forced dis­ap­pear­ance of per­sons, traf­fick­ing in hu­man be­ings, gen­o­cide, or a felony un­der the head­ing of crimes against hu­man­ity or war crimes (Title Twelve) and if the fol­low­ing re­quire­ments are met:2

a. the of­fend­er, by com­mit­ting the of­fence, caused or in­ten­ded to cause ser­i­ous det­ri­ment to the phys­ic­al, psy­cho­lo­gic­al or sexu­al in­teg­rity of an­oth­er per­son.

b.
There is a high prob­ab­il­ity that the of­fend­er will com­mit one of these felon­ies again.
c.
The of­fend­er is as­sessed as be­ing per­man­ently un­treat­able, as the treat­ment of­fers no long-term pro­spect of suc­cess.3

2The ex­e­cu­tion of the cus­todi­al sen­tence takes pri­or­ity over in­def­in­ite in­car­cer­a­tion. The pro­vi­sions on pa­role in re­la­tion to the cus­todi­al sen­tence (Art. 86-88) do not ap­ply.4

3If dur­ing the ex­e­cu­tion of the cus­todi­al sen­tence, it is ex­pec­ted that the of­fend­er will prove to be of good be­ha­viour when at liberty, the court shall or­der pa­role from the cus­todi­al sen­tence at the earli­est from the time when the of­fend­er has served two thirds of a spe­cif­ic cus­todi­al sen­tence or 15 years of a life sen­tence. The court that ordered in­def­in­ite in­car­cer­a­tion is re­spons­ible for the de­cision on pa­role. In ad­di­tion, Art­icle 64a ap­plies.5

4In­def­in­ite in­car­cer­a­tion is ex­ecuted in a thera­peut­ic in­sti­tu­tion or in a pen­al in­sti­tu­tion in ac­cord­ance with Art­icle 76 para­graph 2. Pub­lic safety must be guar­an­teed. The of­fend­er re­ceives psy­chi­at­ric care if this is ne­ces­sary.


1 Amended by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
2 Amended by An­nex 2 No 1 of the Fed­er­al De­cree of 18 Dec. 2015 on the Ap­prov­al and Im­ple­ment­a­tion of the In­ter­na­tion­al Con­ven­tion for the Pro­tec­tion of All Per­sons from En­forced Dis­ap­pear­ance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).
3 In­ser­ted by No I of the FA of 21 Dec. 2007 (In­def­in­ite In­car­cer­a­tion of Ex­tremely Dan­ger­ous Of­fend­ers), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
4 Amended by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
5 Amended by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

Art. 64a

Re­voc­a­tion and re­lease

 

1The of­fend­er is re­leased on pa­role from in­def­in­ite in­car­cer­a­tion in ac­cord­ance with Art­icle 64 para­graph 1 as soon as it is ex­pec­ted that he will be of good be­ha­viour when at liberty.1 The pro­ba­tion­ary peri­od amounts to two to five years. For the dur­a­tion of the pro­ba­tion­ary peri­od, pro­ba­tion as­sist­ance may be ordered and con­duct or­ders may be im­posed.

2If on ex­piry of the pro­ba­tion­ary peri­od a con­tinu­ation of the pro­ba­tion as­sist­ance or the con­duct or­ders is con­sidered to be ne­ces­sary in or­der to re­duce the risk of fur­ther of­fences in terms of Art­icle 64 para­graph 1, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity ex­tend the pro­ba­tion­ary peri­od by a fur­ther two to five years.

3If due to his con­duct dur­ing the pro­ba­tion­ary peri­od, it is ser­i­ously ex­pec­ted that the of­fend­er may com­mit fur­ther of­fences in terms of Art­icle 64 para­graph 1, the court at the re­quest of the ex­ec­ut­ive au­thor­ity shall or­der his re­call to cus­tody.

4If the of­fend­er when re­leased on pa­role fails to com­ply with the con­di­tions of pro­ba­tion as­sist­ance or dis­reg­ards the con­duct or­ders, Art­icle 95 para­graphs 3-5 ap­plies.

5If the of­fend­er when re­leased on pa­role is of good be­ha­viour un­til the ex­piry of the pro­ba­tion­ary peri­od, he is gran­ted fi­nal re­lease.


1 Amended by No I of the FA of 21 Dec. 2007 (In­def­in­ite In­car­cer­a­tion of Ex­tremely Dan­ger­ous Of­fend­ers), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

Art. 64b

Con­sid­er­a­tion of re­lease

 

1The com­pet­ent au­thor­ity shall con­sider on re­quest or ex of­fi­cio:

a.
at least once an­nu­ally, and for the first time after two years have lapsed, wheth­er and when the of­fend­er may be re­leased on pa­role from in­def­in­ite in­car­cer­a­tion (Art. 64a para. 1);
b.
at least every two years, and for the first time be­fore in­def­in­ite in­car­cer­a­tion takes ef­fect, wheth­er the re­quire­ments for an in-pa­tient thera­peut­ic treat­ment have been ful­filled and wheth­er a re­lated ap­plic­a­tion should there­fore be made to the com­pet­ent court (Art. 65 para. 1).

2The com­pet­ent au­thor­ity makes its de­cisions in terms of para­graph 1 based on:

a.
a re­port from the in­sti­tu­tion board;
b.
an in­de­pend­ent spe­cial­ist as­sess­ment in terms of Art­icle 56 para­graph 4;
c.
its hear­ing of a com­mit­tee in ac­cord­ance with Art­icle 62d para­graph 2;
d.
its hear­ing of the of­fend­er.

1 Amended by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

Art. 64c

Con­sid­er­a­tion of re­lease from lifelong in­car­cer­a­tion and pa­role

 

1In cases of lifelong in­car­cer­a­tion un­der Art­icle 64 para­graph 1bis the com­pet­ent au­thor­ity shall con­sider ex of­fi­cio or on ap­plic­a­tion wheth­er there are any new sci­entif­ic find­ings that lead to the ex­pect­a­tion that the of­fend­er can be treated so that he will no longer pose a risk to the pub­lic. It de­cides on the basis of a re­port from the Fed­er­al Com­mis­sion for the As­sess­ment of the Treat­ab­il­ity of Of­fend­ers sub­ject to Lifelong In­car­cer­a­tion.

2If the com­pet­ent au­thor­ity con­cludes that the of­fend­er can be treated, it shall of­fer him the op­tion of treat­ment. Treat­ment is car­ried out in a se­cure in­sti­tu­tion. Un­til the or­der im­pos­ing lifelong in­car­cer­a­tion has been re­voked in ac­cord­ance with para­graph 3, the pro­vi­sions on the ex­e­cu­tion of lifelong in­car­cer­a­tion con­tin­ue to ap­ply.

3If the treat­ment demon­strates that the risk posed by the of­fend­er has been con­sid­er­ably re­duced and may be re­duced to the ex­tent that he no longer poses a risk to the pub­lic, the court shall re­voke the or­der im­pos­ing lifelong in­car­cer­a­tion and or­der an in-pa­tient thera­peut­ic meas­ure in ac­cord­ance with Art­icles 59-61 in a se­cure in­sti­tu­tion.

4The court may grant the of­fend­er pa­role from lifelong in­car­cer­a­tion if he no longer poses a risk to the pub­lic due to old age, ser­i­ous ill­ness or on oth­er grounds. Pa­role is gov­erned by Art­icle 64a.

5The court that ordered lifelong in­car­cer­a­tion is re­spons­ible for de­cid­ing wheth­er pa­role should be gran­ted. It bases its de­cision on re­ports from at least two ex­per­i­enced spe­cial­ists who are in­de­pend­ent of each oth­er and who have neither treated the of­fend­er nor been re­spons­ible in any oth­er way for his care.

6Para­graphs 1 and 2 also ap­ply dur­ing the ex­e­cu­tion of the cus­todi­al sen­tence that pre­cedes lifelong in­car­cer­a­tion. Lifelong in­car­cer­a­tion shall be re­voked in ac­cord­ance with para­graph 3 at the earli­est when the of­fend­er has served two thirds of a spe­cif­ic cus­todi­al sen­tence or 15 years of a life sen­tence.


1 In­ser­ted by No I of the FA of 21 Dec. 2007 (In­def­in­ite In­car­cer­a­tion of Ex­tremely Dan­ger­ous Of­fend­ers), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

Art. 65

5. Modi­fic­a­tion of the sanc­tion

 

1If an of­fend­er ful­fils the re­quire­ments for an in-pa­tient thera­peut­ic meas­ure in terms of Art­icles 59-61 be­fore or dur­ing the ex­e­cu­tion of a cus­todi­al sen­tence or of in­def­in­ite in­car­cer­a­tion in ac­cord­ance with Art­icle 64 para­graph 1, the court may or­der this meas­ure ret­ro­spect­ively.1 The com­pet­ent court is the court that im­posed the sen­tence or ordered in­def­in­ite in­car­cer­a­tion. The ex­e­cu­tion of any re­mainder of the sen­tence is de­ferred.

2If dur­ing the ex­e­cu­tion of the cus­todi­al sen­tence, new in­form­a­tion or evid­ence comes to light to the ef­fect that the re­quire­ments for in­def­in­ite in­car­cer­a­tion are ful­filled and already ap­plied at the time of con­vic­tion al­though the court could not have had know­ledge of this, the court may or­der in­def­in­ite in­car­cer­a­tion ret­ro­spect­ively. Jur­is­dic­tion and pro­ced­ure are de­term­ined by the rules that ap­ply to re-open­ing a case.2


1 Amended by No I of the FA of 21 Dec. 2007 (In­def­in­ite In­car­cer­a­tion of Ex­tremely Dan­ger­ous Of­fend­ers), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
2 In­ser­ted by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

Section Two: Other Measures

Art. 66

1. Good be­ha­viour bond

 

1If there is the risk that a per­son will com­mit a felony or mis­de­mean­our that he has threatened to com­mit, or if a per­son con­victed of a felony or of a mis­de­mean­our in­dic­ates the clear in­ten­tion to re­peat the of­fence, the court may, at the re­quest of the per­son threatened, ob­tain a prom­ise from the of­fend­er that he will not com­mit the of­fence and re­quire him to de­pos­it ap­pro­pri­ate se­cur­ity there­for.

2If he re­fuses to make the prom­ise, or fails to de­pos­it the se­cur­ity with­in the spe­cified peri­od, the court may re­quire him to make the prom­ise or de­pos­it the se­cur­ity by im­pos­ing a peri­od of de­ten­tion for se­cur­ity reas­ons. The peri­od of de­ten­tion for se­cur­ity reas­ons may not be for more than two months. It is ex­ecuted in the same way as a short cus­todi­al sen­tence (Art. 791).

3If the of­fend­er com­mits the felony or the mis­de­mean­our with­in two years of de­pos­it­ing the se­cur­ity, the se­cur­ity is for­feited to the State. If no of­fence is com­mit­ted, the se­cur­ity is re­turned.


1 This Art. has been re­pealed (AS 2016 1249; BBl 2012 4721).

Art. 66a

1a. Ex­pul­sion.

a. Man­dat­ory ex­pul­sion

 

1The court shall ex­pel for­eign na­tion­als from Switzer­land for a peri­od of 5-15 years if they are con­victed of any of the fol­low­ing of­fences, ir­re­spect­ive of the sen­tence im­posed:

a.
in­ten­tion­al hom­icide (Art. 111), murder (Art. 112), man­slaughter (Art. 113), in­cit­ing and as­sist­ing sui­cide (Art. 115), il­leg­al abor­tion (Art. 118 para. 1 and 2);
b.
ser­i­ous as­sault (Art. 122), fe­male gen­it­al mu­til­a­tion (Art. 124 para. 1), aban­don­ment (Art. 127), en­dan­ger­ing life (Art. 129), at­tack (Art. 134);
c.
ag­grav­ated mis­ap­pro­pri­ation (Art. 138 para. 2), ag­grav­ated theft (Art. 139 para. 2 and 3), rob­bery (Art. 140), fraud for com­mer­cial gain (Art. 146 para. 2), com­puter fraud for com­mer­cial gain (Art. 147 para. 2), mis­use of a cheque card or cred­it card for com­mer­cial gain (Art. 148 para. 2), ag­grav­ated ex­tor­tion (Art. 156 para. 2-4), prof­it­eer­ing for com­mer­cial gain (Art. 157 para. 2), hand­ling stolen goods for com­mer­cial gain (Art. 160 para. 2);
d.
theft (Art. 139) in con­junc­tion with un­law­ful entry (Art. 186);
e.
fraud (Art. 146 para. 1) re­lated to so­cial in­sur­ance or so­cial as­sist­ance, un­law­ful claims for so­cial in­sur­ance or so­cial as­sist­ance be­ne­fits (Art. 148a para. 1);
f.
fraud (Art. 146 para. 1), fraud in re­la­tion to ad­min­is­trat­ive ser­vices and charges (Art. 14 para. 1, 2 and 4 of the Fed­er­al Act of 22 March 19742 on Ad­min­is­trat­ive Crim­in­al Law) or tax fraud, mis­ap­pro­pri­ation of taxes de­duc­ted at source or any oth­er of­fence re­lated to pub­lic charges that car­ries a max­im­um pen­alty of a one-year cus­todi­al sen­tence or more;
g.
forced mar­riage, forced re­gistered part­ner­ship (Art. 181a), traf­fick­ing in hu­man be­ings (Art. 182), false im­pris­on­ment and ab­duc­tion (Art. 183), ag­grav­ated false im­pris­on­ment and ab­duc­tion (Art. 184), host­age tak­ing (Art. 185);
h.3
sexu­al acts with chil­dren (Art. 187 para. 1), in­de­cent as­sault (Art. 189), rape (Art. 190), sexu­al acts with per­sons in­cap­able of judge­ment or res­ist­ance (Art. 191), en­cour­aging pros­ti­tu­tion (Art. 195), por­no­graphy (Art. 197 para. 4 second sen­tence);
i.
ar­son (Art. 221 para. 1 and 2), wil­fully caus­ing an ex­plo­sion (Art. 223 para. 1 no 1), mis­use of ex­plos­ives and tox­ic gases with crim­in­al in­tent (Art. 224 para. 1), wil­fully caus­ing danger without crim­in­al in­tent (Art. 225 para. 1), man­u­fac­ture, con­ceal­ment and trans­port of ex­plos­ives and tox­ic gases (Art. 226), caus­ing danger by means of nuc­le­ar en­ergy, ra­dio­activ­ity and ion­ising ra­di­ation (Art. 226bis), pre­par­at­ory of­fences (Art. 226ter), wil­fully caus­ing a flood or col­lapse (Art. 227 para. 1 no 1), crim­in­al dam­age to elec­tric­al in­stall­a­tions, and hy­draul­ic or pro­tect­ive struc­tures (Art. 228 para. 1 no 1);
j.
wil­fully caus­ing danger by means of ge­net­ic­ally mod­i­fied or patho­gen­ic or­gan­isms (Art. 230bis para. 1), wil­ful trans­mis­sion of hu­man dis­eases (Art. 231 para. 1), wil­ful con­tam­in­a­tion of drink­ing wa­ter (Art. 234 para. 1);
k.
ag­grav­ated dis­rup­tion of pub­lic traffic (Art. 237 para. 1 no 2), wil­ful dis­rup­tion of rail traffic (Art. 238 para. 1);
l.
acts pre­par­at­ory to the com­mis­sion of an of­fence (Art. 260bis para. 1 and 3), par­ti­cip­a­tion in or sup­port for a crim­in­al or­gan­isa­tion (Art. 260ter), en­dan­ger­ing pub­lic safety with weapons (Art. 260quater), fin­an­cing ter­ror­ism (Art. 260quin­quies);
m..
gen­o­cide (Art. 264), felon­ies against hu­man­ity (Art. 264a), ser­i­ous vi­ol­a­tions of the Geneva Con­ven­tions of 12 Au­gust 19494 (Art. 264c), oth­er war crimes (Art. 264d-264h);
n.
wil­ful vi­ol­a­tions of Art­icle 116 para­graph 3 or Art­icle 118 para­graph 3 of the For­eign Na­tion­als Act of 16 Decem­ber 20055;
o.
vi­ol­a­tion of Art­icle 19 para­graph 2 or 20 para­graph 2 of the Nar­cot­ics Act of 3 Oc­to­ber 19516 (NarcA).

2The court may by way of ex­cep­tion re­frain from or­der­ing ex­pul­sion if it would cause ser­i­ous per­son­al hard­ship to the for­eign na­tion­al con­cerned and the pub­lic in­terest in ex­pul­sion does not out­weigh the private in­terest of the for­eign na­tion­al in re­main­ing in Switzer­land. In such cases, ac­count must be taken of the spe­cial po­s­i­tion of for­eign na­tion­als who were born or have grown up in Switzer­land.

3The court may also re­frain from or­der­ing ex­pul­sion if the of­fence was com­mit­ted in jus­ti­fi­able self-de­fence (Art. 16 para. 1) or in a jus­ti­fi­able situ­ation of ne­ces­sity (Art. 18 para. 1).


1 In­ser­ted by No I 1 of the FA of 20 March 2015 (Im­ple­ment­a­tion of Art. 121 para. 3-6 Fed­er­al Con­sti­tu­tion on the ex­pul­sion of for­eign na­tion­als con­victed of cer­tain crim­in­al of­fences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
2 SR 313.0
3 The cor­rec­tion by the Fed­er­al As­sembly Draft­ing Com­mit­tee dated 28 Nov. 2017, pub­lished on 12 Dec. 2017 relates only to the French text (AS 2017 7257).
4 SR 0.518.12, 0.518.23, 0.518.42, 0.518.51
5 SR 142.20
6 SR 812.121

Art. 66abis

b. Non-man­dat­ory ex­pul­sion

 

The court may ex­pel a for­eign na­tion­al from Switzer­land for 3-15 years if he is con­victed and sen­tenced or made sub­ject to a meas­ure un­der Art­icles 59-61 or 64 for a felony or mis­de­mean­our that is not lis­ted in Art­icle 66a.


1 In­ser­ted by No I 1 of the FA of 20 March 2015 (Im­ple­ment­a­tion of Art. 121 para. 3-6 Fed­er­al Con­sti­tu­tion on the ex­pul­sion of for­eign na­tion­als con­victed of cer­tain crim­in­al of­fences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

Art. 66b

c. Com­mon pro­vi­sions. Re­peat of­fence

 

1Any per­son who has been made sub­ject to an ex­pul­sion or­der who com­mits a fur­ther of­fence that meets the re­quire­ments for ex­pul­sion un­der Art­icle 66a shall be ex­pelled again for 20 years.

2Lifelong ex­pul­sion may be ordered if the of­fend­er com­mits the new of­fence while the pre­vi­ous ex­pul­sion or­der is still in ef­fect.


1 In­ser­ted by No I 1 of the FA of 20 March 2015 (Im­ple­ment­a­tion of Art. 121 para. 3-6 Fed­er­al Con­sti­tu­tion on the ex­pul­sion of for­eign na­tion­als con­victed of cer­tain crim­in­al of­fences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

Art. 66c

d. Time of en­force­ment

 

1The ex­pul­sion or­der ap­plies from the date on which the judg­ment be­comes leg­ally en­force­able.

2Be­fore en­for­cing the ex­pul­sion or­der, any un­sus­pen­ded sen­tences or parts there­of and any cus­todi­al meas­ures must be ex­ecuted.

3The ex­pul­sion or­der is en­forced as soon as the of­fend­er is con­di­tion­ally or fi­nally re­leased from the ex­e­cu­tion of crim­in­al pen­al­ties or meas­ures or the cus­todi­al meas­ure is re­voked, provided that the re­mainder of sen­tence need not be ex­ecuted and no oth­er such meas­ure has been ordered.

4If a per­son sub­ject to an ex­pul­sion or­der is trans­ferred to his home coun­try for the ex­e­cu­tion of crim­in­al pen­al­ties or meas­ures, the ex­pul­sion or­der ap­plies on such trans­fer.

5The dur­a­tion of ex­pul­sion is cal­cu­lated from the day on which the of­fend­er leaves Switzer­land.


1 In­ser­ted by No I 1 of the FA of 20 March 2015 (Im­ple­ment­a­tion of Art. 121 para. 3-6 Fed­er­al Con­sti­tu­tion on the ex­pul­sion of for­eign na­tion­als con­victed of cer­tain crim­in­al of­fences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

Art. 66d

e. De­fer­ring en­force­ment of man­dat­ory ex­pul­sion

 

1The en­force­ment of a man­dat­ory ex­pul­sion or­der un­der Art­icle 66a may only be de­ferred if:2

a.
the per­son con­cerned is re­cog­nised by Switzer­land as a refugee and, if ex­pelled, his life or his free­dom would be en­dangered due to his race, re­li­gion, na­tion­al­ity, af­fil­i­ation to a spe­cif­ic so­cial group or his polit­ic­al views; the fore­go­ing does not ap­ply to a refugee who may not in­voke the ban on re­foule­ment un­der Art­icle 5 para­graph 2 of the Asylum Act of 26 June 19983;
b.
ex­pul­sion would vi­ol­ate oth­er man­dat­ory pro­vi­sions of in­ter­na­tion­al law.

2In reach­ing its de­cision, the com­pet­ent can­ton­al au­thor­ity must as­sume that ex­pul­sion to a state deemed safe by the Fed­er­al Coun­cil in ac­cord­ance with Art­icle 6a para­graph 2 of the Asylum Act of 26 June 1998 does not vi­ol­ate Art­icle 25 para­graphs 2 and 3 of the Fed­er­al Con­sti­tu­tion.


1 In­ser­ted by No I 1 of the FA of 20 March 2015 (Im­ple­ment­a­tion of Art. 121 para. 3-6 Fed­er­al Con­sti­tu­tion on the ex­pul­sion of for­eign na­tion­als con­victed of cer­tain crim­in­al of­fences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
2 The cor­rec­tion of 21 June 2017, pub­lished on 11 Ju­ly 2017 relates to the French text only (AS 2017 3695).
3 SR 142.31

Art. 67

2. Pro­hib­i­tion from car­ry­ing on an activ­ity, con­tact pro­hib­i­tion and ex­clu­sion or­der

a. Pro­hib­i­tion from car­ry­ing on an activ­ity, re­quire­ments

 

1If a per­son has com­mit­ted a felony or mis­de­mean­our while car­ry­ing on a pro­fes­sion­al activ­ity or an or­gan­ised non-pro­fes­sion­al activ­ity, and has as a res­ult re­ceived a cus­todi­al sen­tence in ex­cess of six months, and if there is a risk that he will ab­use his activ­ity in or­der to com­mit a fur­ther felony or mis­de­mean­our, the court may pro­hib­it him totally or par­tially from car­ry­ing on this activ­ity or com­par­able activ­it­ies for a peri­od of six months to five years.2

2If a per­son has com­mit­ted a felony or mis­de­mean­our against a minor or an­oth­er es­pe­cially vul­ner­able per­son and if there is a risk that in car­ry­ing on a pro­fes­sion­al activ­ity or an or­gan­ised non-pro­fes­sion­al activ­ity that in­volves reg­u­lar con­tact with any minors or with oth­er es­pe­cially vul­ner­able per­sons he will com­mit fur­ther of­fences of this nature, the court may pro­hib­it him from car­ry­ing on the activ­ity con­cerned for one to ten years.

2bisThe court may im­pose a lifelong pro­hib­i­tion or­der un­der para­graph 2 if is an­ti­cip­ated that the of­fend­er will still rep­res­ent a danger after the peri­od of ten years. At the re­quest of the ex­ec­ut­ive au­thor­ity, it may ex­tend a pro­hib­i­tion or­der that is lim­ited in time in terms of para­graph 2 by a max­im­um of five years on any one oc­ca­sion if this is deemed ne­ces­sary to pre­vent the of­fend­er from com­mit­ting fur­ther felon­ies and mis­de­mean­ours of the type that led to the pro­hib­i­tion or­der.3

3If a per­son re­ceives a sen­tence or is made sub­ject to a meas­ure un­der Art­icles 59-61, 63 or 64 for any of the fol­low­ing of­fences, the court shall pro­hib­it him for the rest of his life from car­ry­ing on any pro­fes­sion­al activ­ity or or­gan­ised non-pro­fes­sion­al activ­ity that in­volves reg­u­lar con­tact with any minors:

a.
traf­fick­ing in hu­man be­ings (Art. 182) where the of­fence was com­mit­ted for the pur­pose of the sexu­al ex­ploit­a­tion of a minor;
b.
sexu­al acts with chil­dren (Art. 187), sexu­al acts with de­pend­ent per­sons (Art. 188) or sexu­al acts with minors against pay­ment (Art. 196);
c.
in­de­cent as­sault (Art. 189), rape (Art. 190), sexu­al acts with per­sons in­cap­able of judge­ment or res­ist­ance (Art. 191), sexu­al acts with per­sons in in­sti­tu­tion­al care, pris­on­ers and per­sons on re­mand (Art. 192), ex­ploit­a­tion of a per­son in a po­s­i­tion of need or de­pend­ency (Art. 193), in­de­cent con­duct (Art. 194), en­cour­aging pros­ti­tu­tion (Art. 195) or sexu­al har­ass­ment (Art. 198), where the of­fence is com­mit­ted against or in front of a minor;
d.
por­no­graphy (Art. 197):
1.
un­der Art­icle 197 para­graph 1 or 3,
2.
un­der Art­icle 197 para­graph 4 or 5, where the con­tent of the items or per­form­ances in­volved sexu­al acts with minors.4

4If a per­son re­ceives a sen­tence or is made sub­ject to a meas­ure un­der Art­icles 59-61, 63 or 64 for any of the fol­low­ing of­fences, the court shall pro­hib­it him from car­ry­ing on any pro­fes­sion­al activ­ity or or­gan­ised non-pro­fes­sion­al activ­ity that in­volves reg­u­lar con­tact with es­pe­cially vul­ner­able adult per­sons, as well as any pro­fes­sion­al activ­ity or or­gan­ised non-pro­fes­sion­al activ­ity in the health sec­tor that in­volves dir­ect con­tact with pa­tients:

a.
traf­fick­ing in hu­man be­ings (Art. 182) for the pur­pose of sexu­al ex­ploit­a­tion, in­de­cent as­sault (Art. 189), rape (Art. 190), sexu­al acts with per­sons in­cap­able of judge­ment or res­ist­ance (Art. 191), sexu­al acts with per­sons in in­sti­tu­tion­al care, pris­on­ers and per­sons on re­mand (Art. 192), ex­ploit­a­tion of a per­son in a po­s­i­tion of need or de­pend­ency (Art. 193), in­de­cent con­duct (Art. 194), en­cour­aging pros­ti­tu­tion (Art. 195) or sexu­al har­ass­ment (Art. 198), where the of­fence is com­mit­ted against or in front of:
1.
an es­pe­cially vul­ner­able adult vic­tim, or
2.
an adult vic­tim who is not es­pe­cially vul­ner­able, but who was in­cap­able of res­ist­ance or of judge­ment or who was un­able to de­fend him- or her­self as a res­ult of phys­ic­al or psy­cho­lo­gic­al de­pend­ence;
b.
por­no­graphy (Art. 197 para. 2 first sen­tence and para. 4 or 5), where the items or per­form­ances had the fol­low­ing con­tent:
1.
sexu­al acts with es­pe­cially vul­ner­able adult vic­tims, or
2.
sexu­al acts with adult vic­tims who are not es­pe­cially vul­ner­able, but who were in­cap­able of res­ist­ance or of judge­ment or who were un­able to de­fend them­selves as a res­ult of phys­ic­al or psy­cho­lo­gic­al de­pend­ence.5

4bisBy way of ex­cep­tion, the court may re­frain from im­pos­ing a pro­hib­i­tion or­der un­der para­graph 3 or 4 in par­tic­u­larly minor cases if a pro­hib­i­tion or­der of this type does not ap­pear ne­ces­sary to pre­vent the of­fend­er from com­mit­ting fur­ther of­fences of the same type. The court may not re­frain from im­pos­ing a pro­hib­i­tion or­der if the of­fend­er:

a.
has been con­victed of traf­fick­ing in hu­man be­ings (Art. 182), in­de­cent as­sault (Art. 189), rape (Art. 190), sexu­al acts with per­sons in­cap­able of judge­ment or res­ist­ance (Art. 191) or en­cour­aging pros­ti­tu­tion (Art. 195); or
b.
is a pae­do­phile in ac­cord­ance with the in­ter­na­tion­ally re­cog­nised clas­si­fic­a­tion cri­ter­ia.6

5If the of­fend­er re­ceives a sen­tence or is made sub­ject to a meas­ure for two or more of­fences in the same pro­ceed­ings, the court shall spe­cify what por­tion of the sen­tence or which meas­ure ap­plies to an of­fence that en­tails an activ­ity pro­hib­i­tion or­der. This por­tion of the sen­tence, the meas­ure and the of­fence are de­cis­ive in de­term­in­ing wheth­er an activ­ity pro­hib­i­tion or­der un­der para­graph 1, 2, 2bis, 3 or 4 is im­posed. The sen­tence por­tions for two or more rel­ev­ant of­fences are ad­ded to­geth­er. More than one activ­ity pro­hib­i­tion or­der may be im­posed.7

6The court may or­der pro­ba­tion as­sist­ance for the dur­a­tion of the pro­hib­i­tion or­ders.8

79


1 Amended by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
2 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
3 In­ser­ted by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
4 Amended by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
5 Amended by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
6 In­ser­ted by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
7 Amended by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
8 Amended by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
9 Re­pealed by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), with ef­fect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

Art. 67a

Con­tent and scope

 

1Pro­fes­sion­al activ­it­ies with­in the mean­ing of Art­icle 67 are activ­it­ies in ex­er­cise of a prin­cip­al or sec­ond­ary pro­fes­sion or trade or of a com­mer­cial en­ter­prise. Or­gan­ised non-pro­fes­sion­al activ­it­ies are activ­it­ies that are not or not primar­ily car­ried on for pe­cu­ni­ary gain and which are car­ried on in the con­text of an as­so­ci­ation or oth­er or­gan­isa­tion.

2The pro­hib­i­tion from car­ry­ing on an activ­ity un­der Art­icle 67 in­cludes activ­it­ies that the of­fend­er car­ries on on a self-em­ployed basis, as a gov­ern­ing of­ficer of a leg­al en­tity or com­mer­cial en­ter­prise, or as the agent or rep­res­ent­at­ive of an­oth­er per­son or which he ar­ranges to be car­ried on by a per­son de­pend­ent on his in­struc­tions.

3If there is a risk that the of­fend­er will also mis­use his activ­ity in or­der to com­mit of­fences if he is sub­ject to the or­ders and con­trol of a su­per­i­or or su­per­visor, he shall be totally pro­hib­ited from car­ry­ing on the activ­ity.

4Pro­hib­i­tion or­ders un­der Art­icle 67 para­graphs 3 and 4 al­ways ap­ply to the en­tire activ­ity.

5The fol­low­ing are deemed to be activ­it­ies with reg­u­lar con­tact with minors or with oth­er es­pe­cially vul­ner­able per­sons:

a.
activ­it­ies that dir­ectly and spe­cific­ally in­volve minors or oth­er es­pe­cially vul­ner­able per­sons, and in par­tic­u­lar:
1.
teach­ing or train­ing,
2.
par­ent­ing or coun­selling,
3.
care or su­per­vi­sion,
4.
nurs­ing,
5.
phys­ic­al ex­am­in­a­tion or treat­ment,
6.
psy­cho­lo­gic­al ex­am­in­a­tion or treat­ment,
7.
pre­par­ing and serving meals,
8.
trans­port,
9.
the dir­ect sale or loan of ob­jects in­ten­ded spe­cific­ally for minors or oth­er par­tic­u­larly vul­ner­able per­sons, and act­ing as a dir­ect in­ter­me­di­ary in such sales or loans, where this is the main activ­ity of the per­son con­cerned;
b.
oth­er activ­it­ies that are primar­ily or re­peatedly car­ried on in in­sti­tu­tions that of­fer the ser­vices lis­ted un­der let­ter a, with the ex­cep­tion of activ­it­ies where it is en­sured at the loc­a­tion or time con­cerned that no con­tact with minors or oth­er es­pe­cially vul­ner­able per­sons can take place.2

6Es­pe­cially vul­ner­able per­sons are per­sons who be­cause of their age, an ill­ness or long-term phys­ic­al, men­tal or psy­cho­lo­gic­al impair­ment are de­pend­ent on help from oth­ers in their daily activ­it­ies or way of liv­ing.3


1 Amended by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
2 In­ser­ted by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
3 In­ser­ted by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

Art. 67b

b. Con­tact pro­hib­i­tion and ex­clu­sion or­der

 

1If a per­son has com­mit­ted a felony or mis­de­mean­our against one or more spe­cif­ic per­sons or against per­sons in a spe­cif­ic group, and if there is a risk that he will com­mit fur­ther felon­ies or mis­de­mean­ours in the event of hav­ing con­tact with such per­sons, the court may im­pose a con­tact pro­hib­i­tion and ex­clu­sion or­der of up to five years.

2By means of a con­tact pro­hib­i­tion and ex­clu­sion or­der the court may pro­hib­it the of­fend­er from:

a.
con­tact­ing one or more spe­cif­ic per­sons or per­sons in a spe­cif­ic group dir­ectly or via third parties, in par­tic­u­lar by tele­phone, in writ­ing or on­line, or em­ploy­ing, ac­com­mod­at­ing, edu­cat­ing, caring for such per­sons or as­so­ci­at­ing with such per­sons in any oth­er way;
b.
ap­proach­ing a spe­cif­ic per­son or com­ing with­in a spe­cif­ic dis­tance of that per­son's home;
c.
be­ing present in spe­cif­ic loc­a­tions, in par­tic­u­lar spe­cif­ic streets, areas or dis­tricts.

3The com­pet­ent au­thor­ity may use tech­nic­al devices that are se­curely at­tached to the of­fend­er in or­der to en­force the pro­hib­i­tion or­der. These devices may in par­tic­u­lar serve to de­term­ine the of­fend­er's loc­a­tion.

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

5On ap­plic­a­tion from the ex­ec­ut­ive au­thor­ity, it may ex­tend lim­ited pro­hib­i­tion or­ders by a max­im­um of five years in each case if this is ne­ces­sary to pre­vent the of­fend­er from com­mit­ting fur­ther felon­ies and mis­de­mean­ours against minors or oth­er es­pe­cially vul­ner­able per­sons.


1 In­ser­ted by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

Art. 67c

c. Com­mon pro­vi­sions

En­force­ment of pro­hib­i­tion or­ders

 

1A pro­hib­i­tion or­der comes in­to ef­fect on the day on which the judg­ment takes full leg­al ef­fect.

2The dur­a­tion of a cus­todi­al sen­tence or of a cus­todi­al meas­ure (Art. 59-61 and 64) is not taken in­to ac­count in de­term­in­ing the term of the pro­hib­i­tion or­der.

3If the of­fend­er fails to com­plete the pro­ba­tion­ary peri­od suc­cess­fully and if the sus­pen­ded cus­todi­al sen­tence is ex­ecuted or a re­call to cus­tody is ordered in re­spect of a sen­tence or meas­ure, the term of the pro­hib­i­tion or­der is cal­cu­lated from the day on which the of­fend­er is re­leased on pa­role or gran­ted fi­nal re­lease or on which the sanc­tion is re­voked or re­mit­ted.

4If the of­fend­er com­pletes the pro­ba­tion­ary peri­od suc­cess­fully, the com­pet­ent au­thor­ity shall de­cide on any modi­fic­a­tion of the con­di­tions or term of the pro­hib­i­tion or­der un­der Art­icle 67 para­graph 1 or Art­icle 67b, or on wheth­er the pro­hib­i­tion or­der should be re­voked.

5The of­fend­er may ap­ply to the com­pet­ent au­thor­ity for a modi­fic­a­tion of the con­di­tions or term of the pro­hib­i­tion or­der, or to have the pro­hib­i­tion or­der re­voked:

a.
in the case of a pro­hib­i­tion or­der un­der Art­icle 67 para­graph 1 or un­der Art­icle 67b: after the or­der has been in force for two years;
b.
in the case of a lim­ited pro­hib­i­tion or­der un­der Art­icle 67 para­graph 2: after half of the term of the pro­hib­i­tion or­der, provided the or­der has been in force for at least three years;
c.2
d.3
in the case of a lifelong pro­hib­i­tion or­der un­der Art­icle 67 para­graph 2bis: after the or­der has been in force for ten years.

6If it is con­sidered un­likely that the of­fend­er will com­mit any fur­ther felon­ies or mis­de­mean­ours by mis­us­ing an activ­ity or by hav­ing con­tact with spe­cif­ic per­sons of a spe­cif­ic group to and the of­fend­er has provided reas­on­able com­pens­a­tion for the loss, dam­age or in­jury caused, the com­pet­ent au­thor­ity shall re­voke the pro­hib­i­tion or­der in cases fall­ing un­der para­graph 4 or 5.

6bisPro­hib­i­tion or­ders un­der Art­icle 67 para­graphs 3 or 4 may not re­voked.4

7If the of­fend­er breaches an activ­ity pro­hib­i­tion or­der or a con­tact pro­hib­i­tion and ex­clu­sion or­der or if he fails to com­ply with the as­so­ci­ated pro­ba­tion as­sist­ance, or if such as­sist­ance can­not be provided or is no longer re­quired, the com­pet­ent au­thor­ity shall sub­mit a re­port to the court or the ex­ec­ut­ive au­thor­ity. The court or the ex­ec­ut­ive au­thor­ity may re­voke or make a new or­der for pro­ba­tion as­sist­ance.

7bisThe ex­ec­ut­ive au­thor­ity may or­der pro­ba­tion as­sist­ance for the en­tire dur­a­tion of the pro­hib­i­tion from car­ry­ing on an activ­ity or the con­tact and ex­clu­sion or­der.5

8If the of­fend­er fails to com­ply with the pro­ba­tion as­sist­ance dur­ing a pro­ba­tion­ary peri­od, Art­icle 95 para­graphs 4 and 5 ap­ply.

9If the of­fend­er breaches an activ­ity pro­hib­i­tion or­der or a con­tact pro­hib­i­tion and ex­clu­sion or­der dur­ing a pro­ba­tion­ary peri­od, Art­icle 294 and the pro­vi­sions on re­vok­ing a sus­pen­ded sen­tence or the sus­pen­ded part of a sen­tence and on a re­call to cus­tody in re­spect of a sen­tence or meas­ure ap­ply.


1 In­ser­ted by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
2 Re­pealed by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), with ef­fect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
3 Amended by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
4 In­ser­ted by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
5 In­ser­ted by No I 1 of the FA of 16 March 2018 (Im­ple­ment­a­tion of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

Art. 67d

Modi­fic­a­tion of a pro­hib­i­tion or­der or sub­sequent im­pos­i­tion of a pro­hib­i­tion or­der

 

1If it be­comes ap­par­ent dur­ing the term of an activ­ity pro­hib­i­tion or­der or a con­tact pro­hib­i­tion and ex­clu­sion or­der that in the of­fend­er's case an ex­ten­sion of the pro­hib­i­tion or­der or an ad­di­tion­al such pro­hib­i­tion or­der is re­quired, the court may on ap­plic­a­tion from the ex­ec­ut­ive au­thor­ity ex­tend the pro­hib­i­tion or­der or im­pose an ad­di­tion­al pro­hib­i­tion or­der.

2If it be­comes ap­par­ent dur­ing a cus­todi­al sen­tence or a cus­todi­al meas­ure that in the of­fend­er's case a pro­hib­i­tion or­der un­der Art­icle 67 para­graph 1 or 2 or un­der Art­icle 67b is re­quired, the court may im­pose this pro­hib­i­tion or­der on ap­plic­a­tion from the ex­ec­ut­ive au­thor­ity.


1 In­ser­ted by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

Art. 67e

3. Dis­qual­i­fic­a­tion from driv­ing

 

If the of­fend­er has used a mo­tor vehicle in or­der to com­mit a felony or mis­de­mean­our and where there is a risk of re-of­fend­ing, the court, in ad­di­tion to im­pos­ing a sen­tence or meas­ure un­der Art­icles 59-64, may or­der that the of­fend­er for­feit his pro­vi­sion­al or full driv­ing li­cence for a peri­od of between one month and five years.


1 Ori­gin­ally: Art. 67b.

Art. 67f


1 No longer re­quired as a res­ult of No IV 1 of the FA of 19 June 2015 (Amend­ment to the Law on Crim­in­al Sanc­tions), with ef­fect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

 

Art. 68

4. Pub­lic­a­tion of the judg­ment

 

1If pub­lic­a­tion of a crim­in­al judg­ment is re­quired in the pub­lic in­terest, or in the in­terests of the per­son harmed or of the com­plain­ant, the court shall or­der pub­lic­a­tion at the ex­pense of the of­fend­er.

2If pub­lic­a­tion of an ac­quit­tal or of a rul­ing of the pro­sec­u­tion ser­vice abandon­ing pro­ceed­ings is re­quired in the pub­lic in­terest, or in the in­terests of the ac­quit­ted per­son or former sus­pect, the court shall or­der pub­lic­a­tion at State ex­pense or at the ex­pense of the com­plain­ant.

3Pub­lic­a­tion is made in the in­terests of the per­son harmed, com­plain­ant, ac­quit­ted per­son or former sus­pect only if such per­sons so re­quest.

4The court de­cides on the form and ex­tent of pub­lic­a­tion.

Art. 69

5. For­feit­ure

a. For­feit­ure of dan­ger­ous ob­jects

 

1The court shall, ir­re­spect­ive of the crim­in­al li­ab­il­ity of any per­son, or­der the for­feit­ure of ob­jects that have been used or were in­ten­ded to be used for the com­mis­sion of an of­fence or that have been pro­duced as a res­ult of the com­mis­sion of an of­fence in the event that such ob­jects con­sti­tute a fu­ture danger to pub­lic safety, mor­als or pub­lic or­der.

2The court may or­der that the ob­jects for­feited be rendered un­us­able or be des­troyed.

Art. 70

b. For­feit­ure of as­sets

Prin­ciples

 

1The court shall or­der the for­feit­ure of as­sets that have been ac­quired through the com­mis­sion of an of­fence or that are in­ten­ded to be used in the com­mis­sion of an of­fence or as pay­ment there­for, un­less the as­sets are passed on to the per­son harmed for the pur­pose of restor­ing the pri­or law­ful po­s­i­tion.

2For­feit­ure is not per­mit­ted if a third party has ac­quired the as­sets in ig­nor­ance of the grounds for for­feit­ure, provided he has paid a con­sid­er­a­tion of equal value there­for or for­feit­ure would cause him to en­dure dis­pro­por­tion­ate hard­ship.

3The right to or­der for­feit­ure is lim­ited to sev­en years; if, however, the pro­sec­u­tion of the of­fence is sub­ject to a longer lim­it­a­tion peri­od, this peri­od also ap­plies to the right to or­der for­feit­ure.

4Of­fi­cial no­tice must be giv­en of for­feit­ure. The rights of per­sons harmed or third parties ex­pire five years after the date on which of­fi­cial no­tice is giv­en.

5If the amount of the as­sets to be for­feited can­not be as­cer­tained, or may be as­cer­tained only by in­cur­ring a dis­pro­por­tion­ate level of trouble and ex­pense, the court may make an es­tim­ate.

Art. 71

Equi­val­ent claim

 

1If the as­sets sub­ject to for­feit­ure are no longer avail­able, the court may up­hold a claim for com­pens­a­tion by the State in re­spect of a sum of equi­val­ent value, which claim may be en­forced against a third party only if he is not ex­cluded by Art­icle 70 para­graph 2.

2The court may dis­miss an equi­val­ent claim in its en­tirety or in part if the claim is likely to be un­re­cov­er­able or if the claim would ser­i­ously hinder the re­hab­il­it­a­tion of the per­son con­cerned.

3The in­vest­ig­at­ing au­thor­ity may seize as­sets of the per­son con­cerned with a view to the en­force­ment of an equi­val­ent claim. Such seizure does not ac­cord the State pref­er­en­tial rights in the en­force­ment of the equi­val­ent claim.

Art. 72

For­feit­ure of as­sets of a crim­in­al or­gan­isa­tion

 

The court shall or­der the for­feit­ure of all as­sets that are sub­ject to the power of dis­pos­al of a crim­in­al or­gan­isa­tion. In the case of the as­sets of a per­son who par­ti­cip­ates in or sup­ports a crim­in­al or­gan­isa­tion (Art. 260ter), it is pre­sumed that the as­sets are sub­ject to the power of dis­pos­al of the or­gan­isa­tion un­til the con­trary is proven.

Art. 73

6. Use for the be­ne­fit of the per­son harmed

 

1If as a res­ult of a felony or mis­de­mean­our a per­son has suffered harm and is not en­titled to be­ne­fits un­der an in­sur­ance policy, and if it is an­ti­cip­ated that the of­fend­er will not pay dam­ages or sat­is­fac­tion, the court shall award the per­son harmed, at his re­quest, a sum of money up to the amount of dam­ages or sat­is­fac­tion set by a court or agreed in a set­tle­ment with the per­son harmed and ob­tained from:

a.
the mon­et­ary pen­alty or fine paid by the of­fend­er;
b.
ob­jects and as­sets that have been for­feited, or the pro­ceeds of their sale after de­duc­tion of ex­penses;
c.
com­pens­at­ory claims;
d.
the amount of the good be­ha­viour bond.

2The court may or­der such an award only if the per­son harmed as­signs the cor­res­pond­ing ele­ment of his claim to the State.

3The can­tons shall provide a simple and quick pro­ced­ure for cases where their courts are not en­titled to make an award of this nature in a crim­in­al judg­ment.

Title Four: Execution of Custodial Sentences and Custodial Measures

Art. 74

1. Prin­ciples

 

The hu­man dig­nity of the pris­on in­mates or of the in­mates of an in­sti­tu­tion for the ex­e­cu­tion of meas­ures must be re­spec­ted. Their rights may only be lim­ited to the ex­tent that that is re­quired for the depriva­tion of their liberty and their co-ex­ist­ence in the pen­al in­sti­tu­tion.

Art. 75

2. Ex­e­cu­tion of cus­todi­al sen­tences

Prin­ciples

 

1The ex­e­cu­tion of sen­tences must en­cour­age an im­prove­ment in the so­cial be­ha­viour of the pris­on in­mates, and in par­tic­u­lar their abil­ity to live their lives without of­fend­ing again. The con­di­tions un­der which sen­tences are ex­ecuted must cor­res­pond as far as pos­sible with those of nor­mal life, guar­an­tee the su­per­vi­sion of the pris­on in­mates, coun­ter­act the harm­ful con­sequences of the depriva­tion of liberty and take ap­pro­pri­ate ac­count of the need to pro­tect the gen­er­al pub­lic, the in­sti­tu­tion staff and oth­er in­mates.

21

3The in­sti­tu­tion rules shall provide that a sen­tence man­age­ment plan be drawn up in con­sulta­tion with the pris­on in­mate. This plan in par­tic­u­lar con­tains de­tails of the su­per­vi­sion offered, the op­por­tun­it­ies to work and re­ceive ba­sic or ad­vanced train­ing, mak­ing re­par­a­tion, re­la­tions with the out­side world and pre­par­a­tions for re­lease.

4The pris­on in­mate must act­ively co­oper­ate in reso­cial­isa­tion ef­forts and the pre­par­a­tions for re­lease.

5Ac­count is taken of the gender-spe­cif­ic con­cerns and needs of the pris­on in­mates.

6If the pris­on in­mate is re­leased on pa­role or gran­ted fi­nal re­lease and it sub­sequently comes to light that on his re­lease he was sub­ject to an­oth­er ex­ecut­able judg­ment im­pos­ing a cus­todi­al sen­tence, ex­e­cu­tion of that cus­todi­al sen­tence is waived if:

a.
it was not ex­ecuted con­cur­rently with the oth­er cus­todi­al sen­tence for a reas­on with­in the con­trol of the ex­ec­ut­ive au­thor­it­ies;
b.
the pris­on in­mate was able to as­sume in good faith that on his re­lease he was not sub­ject to an­oth­er ex­ecut­able judg­ment im­pos­ing a cus­todi­al sen­tence; and
c.
the re­in­teg­ra­tion of the pris­on in­mates would be pre­ju­diced.

1 Re­pealed by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, with ef­fect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

Art. 75a

Spe­cial se­cur­ity meas­ures

 

1The Com­mis­sion un­der Art­icle 62d para­graph 2 shall with a view to a trans­fer to an open pen­al in­sti­tu­tion and the au­thor­isa­tion of a re­lax­a­tion in the ex­e­cu­tion of the sen­tence as­sess the danger to the com­munity of the of­fend­er if:

a.
he has com­mit­ted a felony in terms of Art­icle 64 para­graph 1; and
b.
the ex­ec­ut­ive au­thor­ity can­not sat­is­fact­or­ily an­swer the ques­tion of wheth­er he is a danger to oth­er pris­on in­mates.

2Re­lax­a­tion of the ex­e­cu­tion of the sen­tence in­volves eas­ing the re­gime for the depriva­tion of liberty, in par­tic­u­lar by means of a trans­fer to an open in­sti­tu­tion, the grant­ing of re­lease on tem­por­ary li­cence, the au­thor­isa­tion of day re­lease em­ploy­ment or of ex­tern­al ac­com­mod­a­tion and the grant­ing of pa­role.

3Danger to the com­munity is as­sumed if there is a risk that the pris­on in­mate will ab­scond and com­mit a fur­ther of­fence that severely pre­ju­dices the phys­ic­al, psy­cho­lo­gic­al or sexu­al in­teg­rity of an­oth­er per­son.


1 Amended by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).

Art. 76

Place of ex­e­cu­tion

 

1Cus­todi­al sen­tences are ex­ecuted in a se­cure or open pen­al in­sti­tu­tion.

2The pris­on in­mate shall be ad­mit­ted to a se­cure pen­al in­sti­tu­tion or to the se­cure sec­tion of an open pen­al in­sti­tu­tion if there is a risk that that he will ab­scond or it is ex­pec­ted that he will com­mit fur­ther of­fences.

Art. 77

Nor­mal ex­e­cu­tion

 

The pris­on in­mate nor­mally spends his work­ing, rest and leis­ure time in the in­sti­tu­tion.

Art. 77a

Day re­lease em­ploy­ment and ex­tern­al ac­com­mod­a­tion

 

1The cus­todi­al sen­tence is ex­ecuted in the form of day re­lease em­ploy­ment if the pris­on in­mate has served part of the cus­todi­al sen­tence, nor­mally a min­im­um one half, and it is not ex­pec­ted that he will ab­scond or com­mit fur­ther of­fences.

2In day re­lease em­ploy­ment, the pris­on in­mate works out­side the in­sti­tu­tion and spends his rest and leis­ure time in the in­sti­tu­tion. The change to day re­lease em­ploy­ment nor­mally takes place fol­low­ing an ap­pro­pri­ate peri­od spent in an open in­sti­tu­tion or the open sec­tion of a se­cure in­sti­tu­tion. Work out­side the in­sti­tu­tion may also in­clude house­work and caring for chil­dren.

3If the pris­on in­mate proves him­self to be of good be­ha­viour in day re­lease em­ploy­ment, the fur­ther ex­e­cu­tion of the sen­tence takes the form of ex­tern­al ac­com­mod­a­tion and day re­lease em­ploy­ment. Here the pris­on in­mate lives and works out­side the in­sti­tu­tion, but re­mains un­der the su­per­vi­sion of the ex­ec­ut­ive au­thor­ity.

Art. 77b

Semi-de­ten­tion

 

1At the of­fend­er's re­quest, a cus­todi­al sen­tence of no more than 12 months or the re­mainder of a sen­tence after tak­ing ac­count of time spent on re­mand of no more than six months may be served in the form of semi-de­ten­tion provided:

a.
it is not an­ti­cip­ated that the of­fend­er will ab­scond or com­mit fur­ther of­fences; and
b.
the of­fend­er does reg­u­lated work or train­ing or is sim­il­arly oc­cu­pied for at least 20 hours a week.

2The pris­on in­mate works, is trained or sim­il­arly oc­cu­pied out­side the in­sti­tu­tion and spends his rest and leis­ure time in the in­sti­tu­tion.

3Semi-de­ten­tion may be served in a spe­cial sec­tion of a re­mand centre provided the of­fend­er is guar­an­teed the re­quired su­per­vi­sion.

4If the of­fend­er no longer meets the au­thor­isa­tion re­quire­ments or if he fails to com­ply with the con­di­tions of semi-de­ten­tion im­posed by the ex­ec­ut­ive au­thor­ity des­pite be­ing warned to do so, the cus­todi­al sen­tence shall be served in the nor­mal man­ner.


1 Amended by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 78

Sol­it­ary con­fine­ment

 

Sol­it­ary con­fine­ment in the form of un­in­ter­rup­ted sep­ar­a­tion from oth­er pris­on in­mates may only be ordered:

a.
for a max­im­um of one week at the start of the sen­tence in or­der to ini­ti­ate the ex­e­cu­tion of the sen­tence;
b.
for the pro­tec­tion of the pris­on in­mate or of third parties;
c.
as a dis­cip­lin­ary sanc­tion.

Art. 79


1 Re­pealed by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), with ef­fect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

 

Art. 79a

Com­munity ser­vice

 

1If it is not an­ti­cip­ated that the of­fend­er will ab­scond or com­mit fur­ther of­fences, the fol­low­ing sen­tences may be served in the form of com­munity ser­vice:

a.
a cus­todi­al sen­tence of no more than six months;
b.
the re­mainder of a sen­tence of no more than six months after tak­ing ac­count of time spent on re­mand; or
c.
a mon­et­ary pen­alty or a fine.

2Com­munity ser­vice is not per­mit­ted as a means of serving an al­tern­at­ive cus­todi­al sen­tence.

3Com­munity ser­vice is work that be­ne­fits so­cial in­sti­tu­tions, pub­lic works or per­sons in need. The work is un­paid.

4Four hours of com­munity ser­vice cor­res­pond to one day of a cus­todi­al sen­tence, one daily pen­alty unit of a mon­et­ary pen­alty or one day of an al­tern­at­ive cus­todi­al sen­tence in the case of con­tra­ven­tions.

5The ex­ec­ut­ive au­thor­ity shall al­low the of­fend­er a spe­cif­ic peri­od not ex­ceed­ing two years with­in which to com­plete the com­munity ser­vice. In the case of com­munity ser­vice car­ried out in lieu of a fine, this peri­od may not ex­ceed one year.

6If the of­fend­er fails to com­ply with the con­di­tions of com­munity ser­vice im­posed by the ex­ec­ut­ive au­thor­ity des­pite be­ing warned to do so, the cus­todi­al sen­tence shall be served in the nor­mal man­ner or in the form of semi-de­ten­tion, or the mon­et­ary pen­alty or fine shall be en­forced.


1 In­ser­ted by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 79b

Elec­tron­ic mon­it­or­ing

 

1At the re­quest of the of­fend­er, the ex­ec­ut­ive au­thor­ity may or­der the use of elec­tron­ic devices and their se­cure at­tach­ment to the of­fend­er's body (elec­tron­ic mon­it­or­ing):

a.
in ex­e­cu­tion of a cus­todi­al sen­tence or an al­tern­at­ive cus­todi­al sen­tence of from 20 days to 12 months; or
b.
in lieu of day re­lease em­ploy­ment or day re­lease em­ploy­ment and ex­tern­al ac­com­mod­a­tion for a term of from 3 to 12 months.

2The ex­ec­ut­ive au­thor­ity may or­der elec­tron­ic mon­it­or­ing only if:

a.
it is not an­ti­cip­ated that the of­fend­er will ab­scond or com­mit fur­ther of­fences;
b.
the of­fend­er lives in per­man­ent ac­com­mod­a­tion;
c.
the of­fend­er is do­ing reg­u­lated work or train­ing or is sim­il­arly oc­cu­pied for at least 20 hours a week or can be as­signed to do the same;
d.
the adults liv­ing with the of­fend­er in the same ac­com­mod­a­tion con­sent; and
e.
the of­fend­er agrees to the im­ple­ment­a­tion plan drawn up for him.

3If the re­quire­ments of para­graph 2 let­ter a, b or c are no longer met or if the of­fend­er fails to ful­fil the ob­lig­a­tions set out in the im­ple­ment­a­tion plan, the ex­ec­ut­ive au­thor­ity may dis­con­tin­ue the elec­tron­ic mon­it­or­ing and or­der the sen­tence to be served in the nor­mal man­ner or in the form of semi-de­ten­tion, or re­strict the free time avail­able to the of­fend­er.


1 In­ser­ted by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 80

Oth­er forms of sen­tence ex­e­cu­tion

 

1A de­par­ture from the rules gov­ern­ing the ex­e­cu­tion of sen­tences in fa­vour of the pris­on in­mates may be per­mit­ted:

a.
if the state of health of the pris­on in­mates so re­quires;
b.
in the event of preg­nancy, child­birth and for the time im­me­di­ately after child­birth;
c.
to en­able the moth­er and in­fant to be ac­com­mod­ated to­geth­er, provided this is also in the in­terests of the child.

2If the sen­tence is not served in a pen­al in­sti­tu­tion, but in an­oth­er ap­pro­pri­ate in­sti­tu­tion, the pris­on in­mate is sub­ject to the reg­u­la­tions of that in­sti­tu­tion un­less the ex­ec­ut­ive au­thor­ity or­ders oth­er­wise.

Art. 81

Work

 

1The pris­on in­mate is ob­liged to work. Wherever pos­sible, the work should be ap­pro­pri­ate to his skills, edu­ca­tion and train­ing and his in­terests.

2If he con­sents to do so, the pris­on in­mate may work for a private em­ploy­er.

Art. 82

Ba­sic and ad­vanced train­ing

 

Where he shows the re­quired aptitude and the pos­sib­il­ity ex­ists, the pris­on in­mate is giv­en the op­por­tun­ity to un­der­go ba­sic and ad­vanced train­ing ap­pro­pri­ate to his skills.

Art. 83

Wages

 

1The pris­on in­mate re­ceives a wage for his work based on his per­form­ance and ac­cord­ing to the cir­cum­stances.

2The pris­on in­mate may freely dis­pose of only part of his wage while serving his sen­tence. The re­main­ing part is with­held un­til the in­mate has been re­leased. The wage may neither be pledged, seized nor in­cluded in an in­solv­ent es­tate. Any as­sign­ment or pledge of the wage is null and void.

3If the pris­on in­mate par­ti­cip­ates in ba­sic or ad­vanced train­ing in­stead of work in ac­cord­ance with his sen­tence man­age­ment plan, he re­ceives ap­pro­pri­ate re­mu­ner­a­tion.

Art. 84

Re­la­tions with the out­side world

 

1The pris­on in­mate has the right to re­ceive vis­it­ors and to cul­tiv­ate con­tacts with per­sons out­side the in­sti­tu­tion. Con­tact with close re­l­at­ives and friends shall be fa­cil­it­ated.

2Con­tact may be mon­itored and for the pre­ser­va­tion of or­der and se­cur­ity in the pen­al in­sti­tu­tion it may be re­stric­ted or pro­hib­ited. The mon­it­or­ing of vis­its is not per­mit­ted without the know­ledge of those con­cerned. The fore­go­ing does not ap­ply to pro­ced­ur­al meas­ures in or­der to se­cure evid­ence for the pur­poses of a pro­sec­u­tion.

3Cler­ics, doc­tors, at­tor­neys, not­ar­ies and guard­i­ans as well as per­sons with com­par­able du­ties may be per­mit­ted to com­mu­nic­ate freely with the pris­on in­mates sub­ject to the gen­er­al in­sti­tu­tion rules.

4Con­tact with de­fence at­tor­neys must be per­mit­ted. Vis­its from the de­fence at­tor­ney may be su­per­vised but con­ver­sa­tions may not be listened in on. In­spect­ing the con­tent of cor­res­pond­ence and at­tor­neys' doc­u­ments is not per­mit­ted. Con­tact with at­tor­neys may be pro­hib­ited by the com­pet­ent au­thor­ity in the event of ab­use.

5Com­mu­nic­a­tions with the su­per­vis­ory au­thor­it­ies may not be mon­itored.

6The pris­on in­mate shall be gran­ted re­lease on tem­por­ary li­cence to an ap­pro­pri­ate ex­tent in or­der to cul­tiv­ate re­la­tions with the out­side world, pre­pare for his re­lease or where there are spe­cial cir­cum­stances, provided his con­duct in cus­tody does not pre­clude this and there is no risk that he will ab­scond or com­mit fur­ther of­fences.

6bisOf­fend­ers sub­ject to in­def­in­ite in­car­cer­a­tion are not gran­ted re­lease on tem­por­ary li­cence or oth­er re­lax­a­tions of the ex­e­cu­tion of the sen­tence dur­ing the sen­tence served pri­or to in­car­cer­a­tion.1

7Art­icle 36 of the Vi­enna Con­ven­tion of 24 April 19632 on Con­su­lar Re­la­tions and oth­er reg­u­la­tions un­der in­ter­na­tion­al law on vis­its and cor­res­pond­ence that are bind­ing on Switzer­land are re­served.


1 In­ser­ted by No I of the FA of 21 Dec. 2007 (In­def­in­ite In­car­cer­a­tion of Ex­tremely Dan­ger­ous Of­fend­ers), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
2 SR 0.191.02

Art. 85

Searches and in­spec­tions

 

1The per­son­al ef­fects and the ac­com­mod­a­tion of the pris­on in­mate may be searched in the in­terests of main­tain­ing or­der and se­cur­ity in the pen­al in­sti­tu­tion.

2A pris­on in­mate who is sus­pec­ted of con­ceal­ing un­per­mit­ted art­icles about his per­son or in his body, may be sub­jec­ted to a body search. The search must be con­duc­ted by a per­son of the same gender. If the re­mov­al of cloth­ing is re­quired, this must be car­ried out in the ab­sence of oth­er pris­on in­mates. Searches of body cav­it­ies must be car­ried out by a doc­tor or oth­er med­ic­ally qual­i­fied staff.

Art. 86

Pa­role

a. Grant­ing of pa­role

 

1If the pris­on in­mate has served two thirds of his sen­tence, provided this amounts to at least three months, he shall be re­leased on pa­role by the com­pet­ent au­thor­ity if this is jus­ti­fied by his con­duct while in cus­tody and it is not ex­pec­ted that he will com­mit fur­ther felon­ies or mis­de­mean­ours.

2The com­pet­ent au­thor­ity shall as­sess ex of­fi­cio wheth­er the in­mate may be re­leased on pa­role. It shall ob­tain a re­port from the in­sti­tu­tion board. The pris­on in­mate shall be gran­ted a hear­ing.

3If pa­role is re­fused, the com­pet­ent au­thor­ity must re­as­sess the ques­tion of wheth­er pa­role may be gran­ted at least once each year.

4If the pris­on in­mate has served half of his sen­tence, provided this amounts to at least three months, he may be re­leased on pa­role by way of ex­cep­tion, if ex­cep­tion­al per­son­al cir­cum­stances jus­ti­fy this.

5In the case of per­sons serving a life sen­tence, pa­role un­der para­graph 1 is pos­sible at the earli­est after 15 years, and un­der para­graph 4 at the earli­est after ten years.

Art. 87

b. Pro­ba­tion­ary peri­od

 

1A per­son re­leased on pa­role is made sub­ject to a pro­ba­tion­ary peri­od of a dur­a­tion that cor­res­ponds to the re­mainder of his sen­tence. The peri­od however amounts to at least one year and no more than five years.

2The ex­ec­ut­ive au­thor­ity shall nor­mally or­der pro­ba­tion as­sist­ance for the dur­a­tion of the pro­ba­tion­ary peri­od. It may im­pose con­duct or­ders on the per­son re­leased on pa­role.

3If pa­role is gran­ted to an in­mate serving a cus­todi­al sen­tence for an of­fence men­tioned in Art­icle 64 para­graph 1, and if on ex­piry of the pro­ba­tion­ary peri­od a con­tinu­ation of the pro­ba­tion as­sist­ance or the con­duct or­ders ap­pear to be re­quired in or­der to re­duce the risk of fur­ther of­fences of this type be­ing com­mit­ted, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity ex­tend the pro­ba­tion as­sist­ance or the con­duct or­ders in each case by one to five years or im­pose a new con­duct or­der for this peri­od. A re­call to cus­tody in ac­cord­ance with Art­icle 95 para­graph 5 is not pos­sible in such cases.

Art. 88

c. Suc­cess­ful com­ple­tion of pro­ba­tion

 

If the per­son re­leased on pa­role is of good be­ha­viour throughout the pro­ba­tion­ary peri­od, he is gran­ted fi­nal re­lease.

Art. 89

d. Breach of pro­ba­tion

 

1If a per­son re­leased on pa­role com­mits a felony or mis­de­mean­our dur­ing the pro­ba­tion­ary peri­od, the court judging the new of­fence shall or­der his re­call to cus­tody.

2If, des­pite the com­mis­sion of a felony or mis­de­mean­our dur­ing the pro­ba­tion­ary peri­od, it is not ex­pec­ted that the of­fend­er will com­mit fur­ther of­fences, the court shall dis­pense with a re­call to cus­tody. It may ad­mon­ish the of­fend­er and ex­tend the pro­ba­tion­ary peri­od by no more than half of the peri­od ori­gin­ally fixed by the com­pet­ent au­thor­ity. If the ex­ten­sion is ordered after the ex­piry of the ori­gin­al pro­ba­tion­ary peri­od, it be­gins on the day on which it is ordered. The pro­vi­sions on pro­ba­tion as­sist­ance and con­duct or­ders ap­ply (Art. 93-95).

3If a per­son re­leased on pa­role fails to com­ply with the con­di­tions of pro­ba­tion as­sist­ance or dis­reg­ards the con­duct or­ders, Art­icle 95 para­graphs 3-5 ap­plies.

4A re­call to cus­tody may not be ordered if three years have elapsed since the ex­piry of the pro­ba­tion­ary peri­od.

5Any peri­od of time spent on re­mand that the of­fend­er has served dur­ing the re­call to cus­tody pro­ceed­ings is taken in­to ac­count in the re­mainder of his sen­tence.

6If the re­quire­ments for an un­sus­pen­ded cus­todi­al sen­tence are ful­filled due to the new of­fence and if this co­in­cides with the re­mainder of the sen­tence that must be ex­ecuted by the re­call to cus­tody, the court shall im­pose a cu­mu­lat­ive sen­tence in ap­plic­a­tion of Art­icle 49 a. The rules on pa­role again ap­ply to this sen­tence. If only the re­mainder of the sen­tence is ex­ecuted, Art­icle 86 para­graphs 1-4 ap­plies.

7If the re­mainder of a sen­tence that must be ex­ecuted in ac­cord­ance with a de­cision on re­call to cus­tody co­in­cides with the ex­e­cu­tion of a meas­ure un­der Art­icles 59-61, Art­icle 57 para­graphs 2 and 3 ap­plies.

Art. 90

3. Ex­e­cu­tion of meas­ures

 

1A per­son sub­ject to the ex­e­cu­tion of a meas­ure un­der Art­icles 59-61, may only be ac­com­mod­ated without in­ter­rup­tion sep­ar­ately from the oth­er in­mates of an in­sti­tu­tion for the ex­e­cu­tion of meas­ures if this is es­sen­tial:

a.
as a tem­por­ary thera­peut­ic meas­ure;
b.
for the pro­tec­tion of oth­er in­mates of the in­sti­tu­tion or of third parties;
c.
as a dis­cip­lin­ary sanc­tion.

2At the start of the ex­e­cu­tion of the meas­ure, a sen­tence man­age­ment plan is drawn up in con­sulta­tion with the in­mate or his leg­al rep­res­ent­at­ive. This in­cludes in par­tic­u­lar de­tails of the treat­ment of the in­mate's men­tal dis­order, de­pend­ence or de­vel­op­ment­al dis­order and on meas­ures to pre­vent the en­dan­ger­ment of oth­ers.

2bisMeas­ures un­der Art­icles 59-61 and 64 may be ex­ecuted in the form of ex­tern­al ac­com­mod­a­tion and day re­lease em­ploy­ment if there is a jus­ti­fied opin­ion that this will sig­ni­fic­antly con­trib­ute to the aim of the meas­ure be­ing achieved, and if there is no risk that the in­mate will ab­scond or will com­mit fur­ther of­fences. Art­icle 77a para­graphs 2 and 3 ap­plies by ana­logy.1

3If the in­mate is able to work, he is re­quired to work to the ex­tent that his in-pa­tient treat­ment or care re­quires or per­mits. Art­icles 81-83 ap­ply in an ana­log­ous man­ner.

4Art­icle 84 ap­plies by ana­logy to the re­la­tions of the in­mates of an in­sti­tu­tion for the ex­e­cu­tion of meas­ures with the out­side world, un­less ad­di­tion­al re­stric­tions are re­quired for reas­ons re­lat­ing to the in-pa­tient treat­ment.

4bisArt­icle 75a ap­plies by ana­logy to ad­mis­sion to an open in­sti­tu­tion and to the au­thor­isa­tion of a re­lax­a­tion in the meas­ures re­gime.2

4terDur­ing lifelong in­car­cer­a­tion, it is not per­mit­ted to au­thor­ise re­lease on tem­por­ary li­cence or a re­lax­a­tion of the sen­tence re­gime.3

5Art­icle 85 ap­plies by ana­logy to searches and in­spec­tions.


1 In­ser­ted by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
2 In­ser­ted by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
3 In­ser­ted by No I of the FA of 21 Dec. 2007 (In­def­in­ite In­car­cer­a­tion of Ex­tremely Dan­ger­ous Of­fend­ers), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).

Art. 91

4. Gen­er­al pro­vi­sions

Dis­cip­lin­ary reg­u­la­tions

 

1Dis­cip­lin­ary sanc­tions may be im­posed on pris­on in­mates and in­mates of an in­sti­tu­tion for the ex­e­cu­tion of meas­ures who are guilty of in­fringing the in­sti­tu­tion reg­u­la­tions or the sen­tence man­age­ment plan.

2Dis­cip­lin­ary sanc­tions are:

a.
a rep­rim­and;
b.
the tem­por­ary with­draw­al or re­stric­tion of the right to use money, par­ti­cip­ate in re­cre­ation­al activ­it­ies or have ex­tern­al con­tacts;
c.1
a fine; and
d.2
sol­it­ary con­fine­ment as an ad­di­tion­al re­stric­tion of liberty.

3The can­tons shall en­act dis­cip­lin­ary reg­u­la­tions ap­plic­able to the ex­e­cu­tion of sen­tences and meas­ures. The reg­u­la­tions de­tail the dis­cip­lin­ary of­fences, the sanc­tions and how they are fixed, and reg­u­late the pro­ced­ure.


1 In­ser­ted by No I of the FA of 24 March 2006 (Re­vi­sion of the Law on Sanc­tions and the Re­gister of Con­vic­tions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
2 Ori­gin­ally let. c.

Art. 92

In­ter­rup­tion of ex­e­cu­tion

 

The ex­e­cu­tion of sen­tences and meas­ures may be in­ter­rup­ted for good cause.

Art. 92a

Right to in­form­a­tion

 

1Vic­tims and re­l­at­ives of vic­tims as defined in Art­icle 1 para­graphs 1 and 2 of the Vic­tim Sup­port Act of 23 March 20072 (VSA) and third parties who have a le­git­im­ate in­terest may make a writ­ten re­quest to the ex­ec­ut­ive au­thor­ity for the fol­low­ing in­form­a­tion:

a.
the time of ex­e­cu­tion of the sen­tence or meas­ure im­posed on the of­fend­er, in­sti­tu­tion re­spons­ible for ex­e­cu­tion, the form of ex­e­cu­tion if it dif­fers from nor­mal, in­ter­rup­tions and re­lax­a­tions in the sen­tence or meas­ure, (Art. 75a para. 2), pa­role and fi­nal re­lease, and the re­act­iv­a­tion of the ex­e­cu­tion of a sen­tence or meas­ure;
b.
im­me­di­ate no­ti­fic­a­tion of the es­cape of an of­fend­er and of his or her re­cap­ture.

2The ex­ec­ut­ive au­thor­ity de­cides on the re­quest after con­sult­ing the of­fend­er.

3It may re­fuse to provide the in­form­a­tion or re­voke a pre­vi­ous de­cision to provide in­form­a­tion only if the of­fend­er's le­git­im­ate in­terests jus­ti­fy this.

4If the ex­ec­ut­ive au­thor­ity ap­proves a re­quest, it shall ad­vise the per­son en­titled to in­form­a­tion of the con­fid­en­ti­al­ity of the in­form­a­tion dis­closed. Per­sons en­titled to vic­tim sup­port un­der the VSA are not re­quired to main­tain con­fid­en­ti­al­ity in their deal­ings with a coun­sel­lor at a coun­selling ser­vice un­der Art­icle 9 VSA.


1 In­ser­ted by No I 1 of the FA of 26 Sept. 2014 on Vic­tims' Right to In­form­a­tion, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913). See also the trans­ition­al pro­vi­sion to this amend­ment at the end of the text.
2 SR 312.5

Title Five: Probation Assistance, Conduct Orders and Voluntary Social Supervision

Art. 93

Pro­ba­tion as­sist­ance

 

1Pro­ba­tion as­sist­ance is in­ten­ded to pro­tect the pro­ba­tion­ers from re­offend­ing and en­able their so­cial in­teg­ra­tion. The com­pet­ent au­thor­ity for pro­ba­tion as­sist­ance provides and ar­ranges for the re­quired so­cial and spe­cial­ist ser­vices.

2Per­sons work­ing in the field of pro­ba­tion as­sist­ance must treat mat­ters that come to their know­ledge in the course of their work as con­fid­en­tial. They may dis­close in­form­a­tion on the per­son­al cir­cum­stances of a pro­ba­tion­er to third parties only if the pro­ba­tion­er or the per­son in charge of pro­ba­tion as­sist­ance has con­sen­ted in writ­ing.

3The au­thor­it­ies for the ad­min­is­tra­tion of crim­in­al justice may ob­tain a re­port on the pro­ba­tion­er from the com­pet­ent au­thor­ity for pro­ba­tion as­sist­ance.

Art. 94

Con­duct or­ders

 

The con­duct or­ders that the court or the ex­ec­ut­ive au­thor­ity may im­pose on the of­fend­er for dur­a­tion of the pro­ba­tion­ary peri­od re­late in par­tic­u­lar to the prac­tice of a pro­fes­sion, place of res­id­ence, driv­ing mo­tor vehicles, re­par­a­tion and med­ic­al and psy­cho­lo­gic­al ther­apy.

Art. 95

Gen­er­al pro­vi­sions

 

1Pri­or to mak­ing their de­cision on pro­ba­tion as­sist­ance and con­duct or­ders, the court and the ex­ec­ut­ive au­thor­ity may ob­tain a re­port from the au­thor­ity re­spons­ible for su­per­vising the pro­ba­tion as­sist­ance and the con­duct or­ders or for en­for­cing activ­ity pro­hib­i­tion or­ders or con­tact pro­hib­i­tion and ex­clu­sion or­ders.1 The per­son con­cerned may state his opin­ion on the re­port. Dif­fer­ences of opin­ion must be re­cor­ded in the re­port.

2The or­der­ing of pro­ba­tion as­sist­ance and con­duct or­ders must be noted and jus­ti­fied in the judg­ment or the de­cision.

3If the of­fend­er fails to com­ply with the con­di­tions of pro­ba­tion as­sist­ance or dis­reg­ards the con­duct or­ders or if the pro­ba­tion as­sist­ance or con­duct or­ders can­not be im­ple­men­ted or are no longer re­quired, the com­pet­ent au­thor­ity shall sub­mit a re­port to the court or the au­thor­it­ies re­spons­ible for the ex­e­cu­tion of sen­tences and meas­ures.

4The court or the ex­ec­ut­ive au­thor­ity may in the cases men­tioned in para­graph 3:

a.
ex­tend the pro­ba­tion­ary peri­od by one half;
b.
re­voke or re­or­gan­ise the pro­ba­tion as­sist­ance;
c.
modi­fy or re­voke the con­duct or­ders or is­sue new con­duct or­ders.

5The court may in the cases in para­graph 3 re­voke the sus­pen­ded sen­tence or or­der the re­call to cus­tody for the ex­e­cu­tion of the sen­tence or meas­ure if it is ser­i­ously ex­pec­ted that the of­fend­er will com­mit fur­ther of­fences.


1 Amended by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

Art. 96

So­cial as­sist­ance

 

The can­tons shall guar­an­tee the pro­vi­sion of so­cial as­sist­ance for the dur­a­tion of the crim­in­al pro­ceed­ings and of the ex­e­cu­tion of the sen­tence which may be claimed vol­un­tar­ily.

Title Six: Limitation

Art. 97

1. Lim­it­a­tion of pro­sec­u­tion rights

Peri­ods

 

1The right to pro­sec­ute is sub­ject to a time lim­it of:

a.
30 years if the of­fence car­ries a cus­todi­al sen­tence of life;
b.
15 years if the of­fence car­ries a cus­todi­al sen­tence of more than three years;
c.
10 years if the of­fence car­ries a cus­todi­al sen­tence of three years.
d.
sev­en years if the of­fence car­ries a dif­fer­ent pen­alty.1

2In the case of sexu­al acts with chil­dren (Art. 187) and de­pend­ent per­sons (Art. 188) and in the case of of­fences un­der Art­icles 111, 113, 122, 124, 182, 189-191, 195 and 197 para­graph 3 in­volving a child un­der 16, the lim­it­a­tion peri­od in each case runs at least un­til the vic­tim has at­tained the age of 25.2

3If a judg­ment is is­sued by a court of first in­stance be­fore ex­piry of the lim­it­a­tion peri­od, the time lim­it no longer ap­plies.

4The lim­it­a­tion of the right to pro­sec­ute in the case of sexu­al acts with chil­dren (Art. 187) and de­pend­ent minors (Art. 188) and of­fences un­der Art­icles 111-113, 122, 182, 189-191 and 195 in­volving a child un­der 16 is gov­erned by para­graphs 1-3 if the of­fence was com­mit­ted be­fore the amend­ment of 5 Oc­to­ber 20013 came in­to force and the lim­it­a­tion of the right to pro­sec­ute had not yet taken ef­fect.4


1 Amended by No I 1 of the FA of 21 June 2013 (Ex­ten­sion of Pro­sec­u­tion Time Lim­its), in force since 1 Jan. 2014 (AS 2013 4417; BBl 2012 9253).
2 Amended by An­nex No 1 of the Fed­er­al De­cree of 27 Sept. 2013 (Lan­zarote Con­ven­tion), in force since 1 Ju­ly 2014 (AS 2014 1159; BBl 2012 7571).
3AS 2002 2993
4 Amended by Art. 2 No 1 of the Fed­er­al De­cree of 24 March 2006 on the Ap­prov­al and Im­ple­ment­a­tion of the Op­tion­al Pro­tocol of 25 May 2000 to the Con­ven­tion on the Rights of the Child, on the Sale of Chil­dren, Child Pros­ti­tu­tion and Child Por­no­graphy, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).

Art. 98

Com­mence­ment

 

The lim­it­a­tion peri­od be­gins:

a.
on the day on which the of­fend­er com­mit­ted the of­fence;
b.
on the day on which the fi­nal act was car­ried out if the of­fence con­sists of a series of acts car­ried out at dif­fer­ent times;
c.
on the day on which the crim­in­al con­duct ceases if the crim­in­al con­duct con­tin­ues over a peri­od of time.

Art. 99

2. Lim­it­a­tion peri­od for the ex­e­cu­tion of a sen­tence

Peri­ods

 

1The right to ex­ecute a sen­tence is sub­ject to a lim­it­a­tion peri­od of:

a.
30 years if a cus­todi­al sen­tence of life has been im­posed;
b.
25 years if a cus­todi­al sen­tence of ten or more years has been im­posed;
c.
20 years if a cus­todi­al sen­tence at least five and less than ten years has been im­posed;
d.
15 years, if a cus­todi­al sen­tence of more than one and less than five years has been im­posed;
e.
five years if any oth­er sen­tence has been im­posed.

2The lim­it­a­tion peri­od for a cus­todi­al sen­tence is ex­ten­ded:

a.
by the time that the of­fend­er spends serving without in­ter­rup­tion that or any oth­er cus­todi­al sen­tence or meas­ure that is ex­ecuted im­me­di­ately be­fore­hand;
b.
by the length of the pro­ba­tion­ary peri­od in the case of re­lease on pa­role.

Art. 100

Com­mence­ment

 

The lim­it­a­tion peri­od be­gins on the day on which the judg­ment be­comes leg­ally en­force­able, and in the case of sus­pen­ded sen­tences or the ex­e­cu­tion of a meas­ure, on the day on which the ex­e­cu­tion of the pen­alty is ordered.

Art. 101

3. Ex­clu­sion from lim­it­a­tion

 

1There is no lim­it­a­tion of the right to pro­sec­ute the of­fences of:

a.
gen­o­cide (Art. 264);
b.
crimes against hu­man­ity (Art. 264a para. 1 and 2);
c.
war crimes (Art. 264c para. 1-3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h);
d.
felon­ies that have caused or threatened to cause danger to life and limb to a large num­ber of per­sons as a meth­od of ex­tor­tion or duress, in par­tic­u­lar through the use of means of mass de­struc­tion, the caus­ing of cata­strophes, or as part of a host­age tak­ing of­fence.
e.1
sexu­al acts with chil­dren (Art. 187 No 1), in­de­cent as­sault (Art. 189), rape (Art. 190), sexu­al acts with per­sons in­cap­able of judge­ment or res­ist­ance (Art. 191), sexu­al acts with per­sons in in­sti­tu­tion­al care, pris­on­ers and per­sons on re­mand (Art. 192 para. 1) and ex­ploit­a­tion of a per­son in a po­s­i­tion of need or de­pend­ency (Art. 193 para. 1) if com­mit­ted against chil­dren un­der the age of 12.2

2If the right to pro­sec­ute the of­fence would have been time barred had Art­icles 97 and 98 ap­plied, the court may in its dis­cre­tion im­pose a more le­ni­ent pen­alty.

3Para­graphs 1 let­ters a, c and d and para­graph 2 ap­ply if the right to pro­sec­ute or ex­ecute the sen­tence had not been time barred by 1 Janu­ary 1983 in ac­cord­ance with the law ap­plic­able un­til that point in time. Para­graph 1 let­ter b ap­plies if the right to pro­sec­ute or ex­ecute the pen­alty is not time barred un­der the pre­vi­ous law when the Amend­ment of 18 June 2010 to this Code comes in­to force. Para­graph 1 let­ter e ap­plies if the pro­sec­u­tion or the sen­tence is not time barred by 30 Novem­ber 2008 in ac­cord­ance with the law ap­plic­able un­til that point in time.34


1 In­ser­ted by No I 1 of the FA of 15 June 2012 (Non-ap­plic­ab­il­ity of Lim­it­a­tion to Sexu­al or Por­no­graphy Of­fences against Pre­pu­bes­cent Chil­dren), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977).
2 Amended by No I 1 of the FA of 18 June 2010 on the Amend­ment of Fed­er­al Le­gis­la­tion in Im­ple­ment­a­tion of the Rome Statue of the In­ter­na­tion­al Crim­in­al Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
3 Third sen­tence in­ser­ted by No I 1 of the FA of 15 June 2012 (Non-ap­plic­ab­il­ity of Lim­it­a­tion to Sexu­al or Por­no­graphy Of­fences against Pre­pu­bes­cent Chil­dren), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977).
4 Amended by No I 1 of the FA of 18 June 2010 on the Amend­ment of Fed­er­al Le­gis­la­tion in Im­ple­ment­a­tion of the Rome Statue of the In­ter­na­tion­al Crim­in­al Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

Title Seven: Corporate Criminal Liability

Art. 102

Li­ab­il­ity un­der the crim­in­al law

 

1If a felony or mis­de­mean­our is com­mit­ted in an un­der­tak­ing in the ex­er­cise of com­mer­cial activ­it­ies in ac­cord­ance with the ob­jects of the un­der­tak­ing and if it is not pos­sible to at­trib­ute this act to any spe­cif­ic nat­ur­al per­son due to the in­ad­equate or­gan­isa­tion of the un­der­tak­ing, then the felony or mis­de­mean­our is at­trib­uted to the un­der­tak­ing. In such cases, the un­der­tak­ing is li­able to a fine not ex­ceed­ing 5 mil­lion francs.

2 If the of­fence com­mit­ted falls un­der Art­icles 260ter, 260quin­quies, 305bis, 322ter, 322quin­quies, 322sep­ties para­graph 1 or 322octies, the un­der­tak­ing is pen­al­ised ir­re­spect­ive of the crim­in­al li­ab­il­ity of any nat­ur­al per­sons, provided the un­der­tak­ing has failed to take all the reas­on­able or­gan­isa­tion­al meas­ures that are re­quired in or­der to pre­vent such an of­fence.1

3The court as­sesses the fine in par­tic­u­lar in ac­cord­ance with the ser­i­ous­ness of the of­fence, the ser­i­ous­ness of the or­gan­isa­tion­al in­ad­equa­cies and of the loss or dam­age caused, and based on the eco­nom­ic abil­ity of the un­der­tak­ing to pay the fine.

4Un­der­tak­ings with­in the mean­ing of this title are:

a.
any leg­al en­tity un­der private law;
b.
any leg­al en­tity un­der pub­lic law with ex­cep­tion of loc­al au­thor­it­ies;
c.
com­pan­ies;
d.
sole pro­pri­et­or­ships2.

1 Amended by No I of the FA of 25 Sept. 2015 (Crim­in­al Law on Cor­rup­tion), in force since 1 Ju­ly 2016 (AS 2016 1287; BBl 2014 3591).
2 Ter­min­o­lo­gic­al foot­note rel­ev­ant to Ger­man only.

Art. 102a


1 Re­pealed by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, with ef­fect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

 

Part Two: Contraventions

Art. 103

Defin­i­tion

 

Con­tra­ven­tions are acts that are pun­ish­able by a fine.

Art. 104

Ap­plic­a­tion of the pro­vi­sions of the First Part

 

The pro­vi­sions of the First Part also ap­ply to con­tra­ven­tions, sub­ject to the fol­low­ing changes.

Art. 105

No or con­di­tion­al ap­plic­ab­il­ity

 

1The pro­vi­sions on sus­pen­ded and par­tially sus­pen­ded sen­tences (Art. 42 and 43), on ex­pul­sion (Art. 66a-66d) and on cor­por­ate crim­in­al li­ab­il­ity (Art. 102) do not ap­ply to con­tra­ven­tions.1

2At­tempt and com­pli­city are of­fences only in the cases ex­pressly men­tioned in this Code.

3Cus­todi­al meas­ures (Art. 59-61 and 64), activ­ity pro­hib­i­tion or­ders (Art. 67), con­tact pro­hib­i­tion and ex­clu­sion or­ders (Art. 67b) and the pub­lic­a­tion of the judg­ment (Art. 68) are per­mit­ted only in the cases ex­pressly men­tioned in this Code.2


1 Amended by No I 1 of the FA of 20 March 2015 (Im­ple­ment­a­tion of Art. 121 para. 3-6 Fed­er­al Con­sti­tu­tion on the ex­pul­sion of for­eign na­tion­als con­victed of cer­tain crim­in­al of­fences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).
2 Amended by No I 1 of the FA of 13 Dec. 2013 on Activ­ity Pro­hib­i­tion Or­ders and Con­tact Pro­hib­i­tion and Ex­clu­sion Or­ders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

Art. 106

Fines

 

1Un­less the law provides oth­er­wise, the max­im­um amount of a fine is 10,000 francs.

2In its judg­ment, the court shall im­pose an al­tern­at­ive cus­todi­al sen­tence of at least one day and a max­im­um of three months for the event that the fine is wil­fully not paid.

3The court de­term­ines the fine and the al­tern­at­ive cus­todi­al sen­tence based on the of­fend­er's cir­cum­stances so that the of­fend­er re­ceives the sen­tence that is com­men­sur­ate with his culp­able con­duct.

4On ret­ro­spect­ive pay­ment of the fine, the of­fend­er is re­leased from the al­tern­at­ive cus­todi­al sen­tence.

5Art­icles 35 and 36 para­graphs 2-5 ap­ply by ana­logy to ex­e­cu­tion and con­ver­sion.

Art. 107


1 Re­pealed by No I 1 of the FA of 19 June 2015 (Amend­ments to the Law of Crim­in­al Sanc­tions), with ef­fect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

 

Art. 108


1 This Art­icle con­tains no pro­vi­sions for tech­nic­al draft­ing reas­ons. Cor­rec­ted by the Draft­ing Com­mit­tee of the Fed­er­al As­sembly (Art. 58 para. 1 ParlA; SR 171.10).

 

Art. 109

Lim­it­a­tion

 

The right to pro­sec­ute and to ex­ecute a sen­tence is sub­ject to a lim­it­a­tion peri­od of three years.

Part Three: Terms and Definitions

Art. 110


1 Amended by Art. 37 No 1 of the Same-Sex Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
2AS 2006 3583

 

1Close re­l­at­ives of a per­son are his or her spouse, re­gistered part­ner, re­l­at­ives of dir­ect lin­eage, full sib­lings and half sib­lings, ad­opt­ive par­ents, ad­opt­ive sib­lings and ad­opt­ive chil­dren.1

2Fam­ily mem­bers are per­sons who live in the same house­hold.

3Pub­lic of­fi­cials are the of­fi­cials and em­ploy­ees of a pub­lic ad­min­is­trat­ive au­thor­ity or of an au­thor­ity for the ad­min­is­tra­tion of justice as well as per­sons who hold of­fice tem­por­ar­ily or are em­ployed tem­por­ar­ily by a pub­lic ad­min­is­trat­ive au­thor­ity or by an au­thor­ity for the ad­min­is­tra­tion of justice or who carry out of­fi­cial func­tions tem­por­ar­ily.

3bisIf a pro­vi­sion refers to the term "prop­erty", it also ap­plies to an­im­als.2

4Of­fi­cial doc­u­ments are writ­ten works in­ten­ded and de­signed to prove a fact of leg­al rel­ev­ance, or in­dic­a­tions that are in­ten­ded to prove such a fact. Re­cord­ings on im­age and data car­ri­ers are equi­val­ent to a writ­ten doc­u­ment, provided that they serve the same pur­pose.

5Pub­lic deeds are of­fi­cial doc­u­ments is­sued by mem­bers of an au­thor­ity, pub­lic of­fi­cials and hold­ers of pub­lic of­fice in the ex­er­cise of of­fi­cial powers. Of­fi­cial doc­u­ments that are is­sued in private law trans­ac­tions by the man­age­ment of com­mer­cial com­pan­ies, state mono­poly com­pan­ies or oth­er pub­lic cor­por­a­tions or in­sti­tu­tions are not pub­lic of­fi­cial doc­u­ments.

6A day has 24 suc­cess­ive hours. The month and the year are cal­cu­lated ac­cord­ing to the cal­en­dar.

7Time spent on re­mand is any form of de­ten­tion, re­mand, pre­vent­ive de­ten­tion or de­ten­tion pending ex­tra­di­tion im­posed in crim­in­al pro­ceed­ings.

Book Two: Specific Provisions

Title One: Offences against Life and Limb

Art. 111

1. Hom­icide

In­ten­tion­al hom­icide

 

Any per­son who kills a per­son in­ten­tion­ally, but without ful­filling the spe­cial re­quire­ments of the fol­low­ing art­icles, is li­able to a cus­todi­al sen­tence1 of not less than five years.


1 Term in ac­cord­ance with No II 1 para. 1 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 112

Murder

 

Where the of­fend­er acts in a par­tic­u­larly un­scru­pu­lous man­ner, in which the motive, the ob­ject­ive or the meth­od of com­mis­sion is par­tic­u­larly de­praved, the pen­alty is a cus­todi­al sen­tence for life or a cus­todi­al sen­tence of not less than ten years.2


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
2 Pen­al­ties re­vised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

Art. 113

Man­slaughter

 

Where the of­fend­er acts in a state of ex­treme emo­tion that is ex­cus­able in the cir­cum­stances, or in a state of pro­found psy­cho­lo­gic­al stress, the pen­alty is a cus­todi­al sen­tence from one to ten years.2


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
2 Pen­al­ties re­vised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

Art. 114

Hom­icide at the re­quest of the vic­tim

 

Any per­son who for com­mend­able motives, and in par­tic­u­lar out of com­pas­sion for the vic­tim, causes the death of a per­son at that per­son's own genu­ine and in­sist­ent re­quest is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty2 .


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
2 Term in ac­cord­ance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 115

In­cit­ing and as­sist­ing sui­cide

 

Any per­son who for selfish motives in­cites or as­sists an­oth­er to com­mit or at­tempt to com­mit sui­cide is, if that oth­er per­son there­after com­mits or at­tempts to com­mit sui­cide, li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty1 .


1 Term in ac­cord­ance with No II 1 para. 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 116

In­fant­i­cide

 

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


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

Art. 117

Hom­icide through neg­li­gence

 

Any per­son who causes the death of an­oth­er through neg­li­gence or reck­less­ness is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 118

2. Abor­tion

Il­leg­al abor­tion

 

1Any per­son who ter­min­ates a preg­nancy with the con­sent of the preg­nant wo­man or in­cites or as­sists a preg­nant wo­man to ter­min­ate her preg­nancy without the re­quire­ments of Art­icle 119 be­ing ful­filled is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2Any per­son who ter­min­ates a preg­nancy without the con­sent of the preg­nant wo­man is li­able to a cus­todi­al sen­tence of from one2 to ten years.

3Any wo­man who has her preg­nancy ter­min­ated or oth­er­wise par­ti­cip­ates in the ter­min­a­tion of her preg­nancy fol­low­ing the end of the twelfth week since her last peri­od and without the re­quire­ments of Art­icle 119 be­ing ful­filled is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

4In cases fall­ing un­der para­graphs 1 and 3 above, pre­scrip­tion takes ef­fect after three years.3


1 Amended by No I of the FA of 23 March 2001 (Abor­tion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).
2 Term in ac­cord­ance with No II 1 para. 4 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.
3 Amended by No I of the FA of 22 March 2002 (Lim­it­a­tion of the Right to Pro­sec­ute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).

Art. 119

Leg­al abor­tion

 

1The ter­min­a­tion of a preg­nancy is ex­empt from pen­alty in the event that the ter­min­a­tion is, in the judg­ment of a phys­i­cian, ne­ces­sary in or­der to be able to pre­vent the preg­nant wo­man from sus­tain­ing ser­i­ous phys­ic­al in­jury or ser­i­ous psy­cho­lo­gic­al dis­tress. The risk must be great­er the more ad­vanced the preg­nancy is.

2The ter­min­a­tion of a preg­nancy is like­wise ex­empt from pen­alty if, at the writ­ten re­quest of a preg­nant wo­man, who claims that she is in a state of dis­tress, it is per­formed with­in twelve weeks of the start of the preg­nant wo­man's last peri­od by a phys­i­cian who is li­censed to prac­tise his pro­fes­sion. The phys­i­cian must have a de­tailed con­sulta­tion with the wo­man pri­or to the ter­min­a­tion and provide her with ap­pro­pri­ate coun­selling.

3If the wo­man is in­cap­able of judge­ment, the con­sent of her leg­al rep­res­ent­at­ive is re­quired.

4The can­tons des­ig­nate the med­ic­al prac­tices and hos­pit­als that ful­fil the re­quire­ments for the pro­fes­sion­al con­duct of pro­ced­ures to ter­min­ate preg­nancy and for the pro­vi­sion of coun­selling.

5An abor­tion is re­por­ted for stat­ist­ic­al pur­poses to the com­pet­ent health au­thor­ity, whereby the an­onym­ity of the wo­man con­cerned is guar­an­teed and med­ic­al con­fid­en­ti­al­ity is pre­served.


1 Amended by No I of the FA of 23 March 2001 (Abor­tion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).

Art. 120

Con­tra­ven­tions by phys­i­cians

 

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

a.
to ob­tain a writ­ten re­quest from the preg­nant wo­man;
b.
to dis­cuss the ter­min­a­tion in de­tail with the preg­nant wo­man and to coun­sel her, to ad­vise her of the risks of the pro­ced­ure to her health, and to provide her with a writ­ten guide, the re­ceipt of which she must ac­know­ledge with her sig­na­ture, that con­tains:
1.
a list of agen­cies that provide coun­selling free of charge,
2.
a list of as­so­ci­ations and agen­cies that of­fer mor­al and ma­ter­i­al sup­port, and
3.
in­form­a­tion on the pos­sib­il­ity of hav­ing the child ad­op­ted;
c.
to sat­is­fy him­self that a preg­nant wo­man un­der 16 years of age has been in con­tact with a coun­selling agency spe­cial­ised in deal­ing with young people.
is li­able to a fine2.

2Any phys­i­cian who fails to re­port the ter­min­a­tion of a preg­nancy to the com­pet­ent au­thor­ity in ac­cord­ance with Art­icle 119 para­graph 5 is li­able to the same pen­alty.


1 Amended by No I of the FA of 23 March 2001 (Abor­tion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).
2 Term in ac­cord­ance with No II 1 para. 5 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 121


1 Re­pealed by No I of the FA of 23 March 2001 (Abor­tion), with ef­fect from 1 Oct. 2002 (AS 2002 2989; BBl 1998 3005 5376).

 

Art. 122

3. As­sault

Ser­i­ous as­sault

 

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

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

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

is li­able to a cus­todi­al sen­tence of at least six months and no more than ten years.2


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
2 Pen­al­ties re­vised by No II 1 of the FA of 19 June 2015 (Amend­ment to the Law on Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 123

Com­mon as­sault

 

1. Any per­son who wil­fully causes in­jury to the per­son or the health of an­oth­er in any oth­er way is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

In minor cases, the court may im­pose a re­duced pen­alty (Art. 48a).2

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

if he uses pois­on, a weapon or a dan­ger­ous ob­ject,

if he com­mits the act on a per­son, and in par­tic­u­lar on a child, who is un­able to de­fend him­self, or is un­der his pro­tec­tion or in his care.

if he is the spouse of the vic­tim and the act was com­mit­ted dur­ing the mar­riage or up to one year after di­vorce,3

if he is the re­gistered part­ner of the vic­tim and the of­fence was com­mit­ted dur­ing the peri­od of the re­gistered part­ner­ship or up to a year after its dis­sol­u­tion,4 or

if he is the het­ero­sexu­al or ho­mo­sexu­al part­ner of the vic­tim provided they have at any time co­hab­ited and the act was com­mit­ted at that time or up to one year after sep­ar­a­tion.5


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
2 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
3 In­ser­ted by No I of the FA of 3 Oct. 2003 (Pro­sec­u­tion of Of­fences with­in Mar­riage or Re­gistered Part­ner­ships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
4 In­ser­ted by An­nex No 18 of the Same-Sex Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
5 Ori­gin­ally para. 4. In­ser­ted by No I of the FA of 3 Oct. 2003 (Pro­sec­u­tion of Of­fences with­in Mar­riage or Re­gistered Part­ner­ships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).

Art. 124

Fe­male gen­it­al mu­til­a­tion

 

1Any per­son who mu­til­ates the gen­it­als of a fe­male per­son, im­pairs their nat­ur­al func­tion ser­i­ously and per­man­ently or dam­ages them in some oth­er way is li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty of no less than 180 daily pen­alty units.

2Any per­son who has com­mit­ted the of­fence abroad but is now in Switzer­land and is not ex­tra­dited is li­able to the fore­go­ing pen­al­ties. Art­icle 7 para­graphs 4 and 5 ap­ply.


1 Amended by No I of the FA of 30 Sept. 2011, in force since 1 Ju­ly 2012 (AS 2012 2575; BBl 2010 5651 5677).

Art. 125

As­sault through neg­li­gence

 

1Any per­son who causes in­jury to the per­son or the health of an­oth­er through neg­li­gence is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.1

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


1 Term in ac­cord­ance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 126

Acts of ag­gres­sion

 

1Any per­son who com­mits acts of ag­gres­sion against an­oth­er that do not cause any in­jury to the per­son or health is li­able on com­plaint to a fine.

2The of­fend­er is pro­sec­uted ex of­fi­cio if he com­mits the of­fence re­peatedly:

a.
on a per­son un­der his pro­tec­tion or in his care, and in par­tic­u­lar on a child;
b.
on his spouse dur­ing the mar­riage or up to a year after di­vorce; or
bbis.1
on his re­gistered part­ner dur­ing the peri­od of the re­gistered part­ner­ship or up to a year after its dis­sol­u­tion; or
c.
on his het­ero­sexu­al or ho­mo­sexu­al part­ner provided they have at any time co­hab­ited and the act was com­mit­ted at that time or up to one year after sep­ar­a­tion.2

1 In­ser­ted by An­nex No 18 of the Same-Sex Part­ner­ship Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
2 In­ser­ted by No I of the FA of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009). Amended by No I of the FA of 3 Oct. 2003 (Pro­sec­u­tion of Of­fences with­in Mar­riage or Re­gistered Part­ner­ships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).

Art. 127

4. En­dan­ger­ing the life or health of an­oth­er

Aban­don­ment

 

Any per­son who ex­poses a help­less per­son un­der his pro­tec­tion or care to a life-threat­en­ing danger or to a ser­i­ous and im­me­di­ate danger to health, or aban­dons the per­son to such a danger is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

Art. 128

Fail­ure to of­fer aid in an emer­gency

 

Any per­son who fails to of­fer aid to an­oth­er whom he has in­jured or to an­oth­er who is in im­me­di­ate life-threat­en­ing danger, in cir­cum­stances where the per­son either could reas­on­ably have been ex­pec­ted to of­fer aid,

any per­son who pre­vents or hinders oth­ers from of­fer­ing aid,

is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

Art. 128bis

False alarm

 

Any per­son who wil­fully and without good reas­on alerts a pub­lic or char­it­able se­cur­ity, res­cue or emer­gency ser­vice, and in par­tic­u­lar the po­lice, fire or am­bu­lance ser­vices is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.


1 In­ser­ted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).

Art. 129

En­dan­ger­ing life

 

Any per­son who un­scru­pu­lously places an­oth­er in im­me­di­ate life-threat­en­ing danger is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

Art. 130-132


1 Re­pealed by No I of the FA of 23 June 1989, with ef­fect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).

 

Art. 133

Brawl­ing

 

1Any per­son who par­ti­cip­ates in a brawl that res­ults in the death of or in an as­sault caus­ing in­jury is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

2A par­ti­cipant in a brawl who acts ex­clus­ively in self-de­fence or in or­der to sep­ar­ate the oth­er par­ti­cipants is not li­able to a pen­alty.


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

Art. 134

At­tack

 

Any per­son who par­ti­cip­ates in an at­tack on one or more oth­er per­sons which causes death or in­jury to a per­son at­tacked or an­oth­er is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty2.


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
2 Term in ac­cord­ance with No II 1 para. 6 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 135

Rep­res­ent­a­tions of acts of vi­ol­ence

 

1Any per­son who pro­duces, im­ports, stores, mar­kets, pro­motes, ex­hib­its, of­fers, shows, makes ac­cess­ible or makes avail­able sound, film or video re­cord­ings or oth­er products in which acts of ex­treme vi­ol­ence against per­sons or an­im­als are por­trayed, without reas­on­able cul­tur­al or sci­entif­ic grounds there­for, and in do­ing so ser­i­ously of­fends ba­sic hu­man dig­nity is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

1bisAny per­son who ac­quires, pro­cures by elec­tron­ic or any oth­er means, or pos­sesses the re­cord­ings or oth­er products men­tioned in para­graph 1 above, provided these por­tray acts of vi­ol­ence against per­sons or an­im­als is li­able to a cus­todi­al sen­tence not ex­ceed­ing one year or to a mon­et­ary pen­alty2.3

2The art­icles con­cerned are for­feited.

3If the of­fend­er acts for fin­an­cial gain, he is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty. The cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.4


1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
2 Pen­al­ties re­vised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
3 In­ser­ted by No I of the FA of 5 Oct. 2001 (Of­fences against Sexu­al In­teg­rity; Pro­hib­i­tion of the Pos­ses­sion of hard-core Por­no­graphy), in force since 1 April 2002 (AS 2002 408 409; BBl 2000 2943).
4 Term in ac­cord­ance with No II 1 para. 7 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 136

Ad­min­is­ter­ing sub­stances cap­able of caus­ing in­jury to chil­dren

 

Any per­son who ad­min­is­ters or makes avail­able for con­sump­tion to chil­dren un­der the age of 16 al­co­hol­ic bever­ages or oth­er sub­stances in such quant­it­ies as may en­danger their health is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.


1 Amended by No I of the FA of 20 March 2008, in force since 1 Ju­ly 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).

Title Two: Offences against Property

Art. 137

1. Of­fences against prop­erty

Un­law­ful ap­pro­pri­ation

 

1. Any per­son who for his own or for an­oth­er's un­law­ful gain ap­pro­pri­ates move­able prop­erty which be­longs to an­oth­er is li­able, un­less the spe­cial re­quire­ments of Art­icles 138-140 ap­ply, to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

2. If the of­fend­er has found the prop­erty or if the prop­erty has in­ad­vert­ently come in­to his pos­ses­sion,

if he does not act for fin­an­cial gain or

if he acts only to the det­ri­ment of a re­l­at­ive or fam­ily mem­ber,

the of­fence is pro­sec­uted only on com­plaint.

Art. 138

Mis­ap­pro­pri­ation

 

1. Any per­son who for his own or an­oth­er's un­law­ful gain ap­pro­pri­ates move­able prop­erty be­long­ing to an­oth­er but en­trus­ted to him,

any per­son who makes un­law­ful use of fin­an­cial as­sets en­trus­ted to him for his own or an­oth­er's be­ne­fit,

is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

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

2. Any per­son who com­mits the fore­go­ing of­fence in his ca­pa­city as a mem­ber of a pub­lic au­thor­ity, or as a pub­lic of­fi­cial, guard­i­an, ad­viser, pro­fes­sion­al as­set man­ager, or in the prac­tice of a pro­fes­sion or a trade or the ex­e­cu­tion of a com­mer­cial trans­ac­tion for which he has been au­thor­ised by a pub­lic au­thor­ity, is li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty.1


1 Term in ac­cord­ance with No II 1 para. 8 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 139

Theft

 

1. Any per­son who for his own or for an­oth­er's un­law­ful gain, ap­pro­pri­ates move­able prop­erty be­long­ing to an­oth­er per­son with the ob­ject of per­man­ently de­priving the own­er of it is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2. The of­fend­er is li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty of not less than 90 daily pen­alty units1 if he com­mits theft on a reg­u­lar basis for fin­an­cial gain.

3. The of­fend­er is li­able to a cus­todi­al sen­tence of at least six months and no more than ten years,2

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

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

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

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


1 Term in ac­cord­ance with No II 1 para. 9 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.
2 Pen­al­ties re­vised by No II 1 of the FA of 19 June 2015 (Amend­ment to the Law on Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Art. 140

Rob­bery

 

1. Any per­son who com­mits theft by us­ing force on an­oth­er, threat­en­ing an­oth­er with im­min­ent danger to life or limb, or mak­ing an­oth­er in­cap­able of res­ist­ance is li­able to a cus­todi­al sen­tence of at least six months and no more than ten years.1

Any per­son who, when caught in the act of com­mit­ting theft, com­mits any of the co­er­cive acts men­tioned in the fore­go­ing para­graph in or­der to re­tain the stolen prop­erty is li­able the same pen­al­ties.

2. The of­fend­er is li­able to a cus­todi­al sen­tence of not less than one year2 if he car­ries with him a fire­arm or oth­er dan­ger­ous weapon for the pur­pose of com­mit­ting rob­bery.

3. The of­fend­er is li­able to a cus­todi­al sen­tence of not less than two years,

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

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

4. The pen­alty is a cus­todi­al sen­tence of not less than five years, if the of­fend­er en­dangers the life of the vic­tim, com­mits a ser­i­ous as­sault on the vic­tim or oth­er­wise treats the vic­tim with cruelty.


1 Pen­al­ties re­vised by No II 1 of the FA of 19 June 2015 (Amend­ment to the Law on Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
2 Term in ac­cord­ance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

Art. 141

Re­mov­al of prop­erty

 

Any per­son who takes move­able prop­erty from the per­son en­titled to it to the ser­i­ous det­ri­ment of that per­son but without in­tend­ing to per­man­ently de­prive the en­titled per­son of it is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 141bis

Un­law­ful use of fin­an­cial as­sets

 

Any per­son who for his own or an­oth­er's be­ne­fit un­law­fully uses fin­an­cial as­sets that have in­ad­vert­ently come in­to his pos­ses­sion is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 142

Un­law­ful ab­strac­tion of en­ergy

 

1Any per­son who un­law­fully ob­tains en­ergy from an in­stall­a­tion that serves to ex­ploit nat­ur­al power, and in par­tic­u­lar an elec­tric­al in­stall­a­tion is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

2If the of­fend­er acts for his own or for an­oth­er's un­law­ful gain, he is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

Art. 143

Un­au­thor­ised ob­tain­ing of data

 

1Any per­son who for his own or for an­oth­er's un­law­ful gain ob­tains for him­self or an­oth­er data that is stored or trans­mit­ted elec­tron­ic­ally or in some sim­il­ar man­ner and which is not in­ten­ded for him and has been spe­cially se­cured to pre­vent his ac­cess is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2The un­au­thor­ised ob­tain­ing of data to the det­ri­ment of a re­l­at­ive or fam­ily mem­ber is pro­sec­uted only on com­plaint.

Art. 143bis

Un­au­thor­ised ac­cess to a data pro­cessing sys­tem

 

1Any per­son who ob­tains un­au­thor­ised ac­cess by means of data trans­mis­sion equip­ment to a data pro­cessing sys­tem that has been spe­cially se­cured to pre­vent his ac­cess is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

2Any per­son who mar­kets or makes ac­cess­ible pass­words, pro­grams or oth­er data that he knows or must as­sume are in­ten­ded to be used to com­mit an of­fence un­der para­graph 1 is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.


1 Amended by Art. 2 No 1 of the Fed­er­al De­cree of 18 March 2011 (Coun­cil of Europe Con­ven­tion on Cy­ber­crime), in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697).

Art. 144

Crim­in­al dam­age

 

1Any per­son who dam­ages, des­troys or renders un­us­able prop­erty be­long­ing to an­oth­er or in re­spect of which an­oth­er has a right of use is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

2If the of­fend­er has com­mit­ted crim­in­al dam­age in the course of a pub­lic ri­ot, he is pro­sec­uted ex of­fi­cio.

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

Art. 144bis

Dam­age to data

 

1. Any per­son who without au­thor­ity al­ters, de­letes or renders un­us­able data that is stored or trans­mit­ted elec­tron­ic­ally or in some oth­er sim­il­ar way is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

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

2. Any per­son who man­u­fac­tures, im­ports, mar­kets, ad­vert­ises, of­fers or oth­er­wise makes ac­cess­ible pro­grams that he knows or must as­sume will be used for the pur­poses de­scribed in para­graph 1 above, or provides in­struc­tions on the man­u­fac­ture of such pro­grams is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

If the of­fend­er acts for com­mer­cial gain, a cus­todi­al sen­tence of from one to five years may be im­posed.

Art. 145

Mis­ap­pro­pri­ation and re­mov­al of prop­erty sub­ject to a pledge or li­en

 

Any debt­or who, with the in­ten­tion of caus­ing loss to his cred­it­ors, ap­pro­pri­ates, uses without au­thor­ity, dam­ages, des­troys, re­duces the value of or renders un­us­able prop­erty sub­ject to a pledge or li­en is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 146

Fraud

 

1Any per­son who with a view to se­cur­ing an un­law­ful gain for him­self or an­oth­er wil­fully in­duces an er­ro­neous be­lief in an­oth­er per­son by false pre­tences or con­ceal­ment of the truth, or wil­fully re­in­forces an er­ro­neous be­lief, and thus causes that per­son to act to the pre­ju­dice of his or an­oth­er's fin­an­cial in­terests, is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2If the of­fend­er acts for com­mer­cial gain, he is li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty of not less than 90 daily pen­alty units.

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

Art. 147

Com­puter fraud

 

1Any per­son who with a view to his own or an­oth­er's un­law­ful gain, by the in­cor­rect, in­com­plete or un­au­thor­ised use of data, or in a sim­il­ar way, in­flu­ences the elec­tron­ic or sim­il­ar pro­cessing or trans­mis­sion of data and as a res­ult causes the trans­fer of fin­an­cial as­sets, thus oc­ca­sion­ing loss to an­oth­er, or im­me­di­ately there­after con­ceals such a trans­fer is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2If the of­fend­er acts for com­mer­cial gain, he is li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty of not less than 90 daily pen­alty units.

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

Art. 148

Mis­use of a cheque card or cred­it card

 

1Any per­son who with a view to ob­tain­ing ser­vices of a fin­an­cial value and al­though in­cap­able of mak­ing or un­will­ing to make pay­ment uses a cheque card or cred­it card or sim­il­ar means of pay­ment that has been en­trus­ted to him by the is­suer there­of and thus causes loss to the is­suer, is li­able, provided the is­suer and the con­tract­ing en­ter­prise have taken reas­on­able meas­ures in or­der to pre­vent the ab­use of the card, to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2If the of­fend­er acts for com­mer­cial gain, he is li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty of not less than 90 daily pen­alty units.

Art. 148a

Un­law­ful claim for so­cial in­sur­ance or so­cial as­sist­ance be­ne­fits

 

1Any per­son who mis­leads a an­oth­er by provid­ing false or in­com­plete in­form­a­tion, fail­ing to dis­close in­form­a­tion or in any oth­er way or who com­pounds an ex­ist­ing er­ror so that he or an as­so­ci­ate ob­tains so­cial in­sur­ance or so­cial as­sist­ance be­ne­fits to which he or his as­so­ci­ate is not en­titled is li­able to a cus­todi­al sen­tence not ex­ceed­ing one year or to mon­et­ary pen­alty.

2In minor cases, the pen­alty is a fine.


1 In­ser­ted by No I 1 of the FA of 20 March 2015 (Im­ple­ment­a­tion of Art. 121 para. 3-6 Fed­er­al Con­sti­tu­tion on the ex­pul­sion of for­eign na­tion­als con­victed of cer­tain crim­in­al of­fences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

Art. 149

Mak­ing off from a hotel, res­taur­ant or bar without pay­ment

 

Any per­son who ac­cepts ac­com­mod­a­tion, food or drink or oth­er ser­vices in a hotel, res­taur­ant, bar or sim­il­ar premises and dis­hon­estly makes off without mak­ing pay­ment there­for is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 150

Ob­tain­ing a ser­vice without pay­ment

 

Any per­son who ob­tains a ser­vice without pay­ing, know­ing that the ser­vice is only rendered against pay­ment, and in par­tic­u­lar

makes use of pub­lic trans­port,

at­tends pub­lic per­form­ances, ex­hib­i­tions or sim­il­ar events,

or ob­tains ser­vices from a data pro­cessing device or a vend­ing ma­chine,

is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 150bis

Pro­duc­tion and mar­ket­ing of equip­ment for the un­au­thor­ised de­cod­ing of en­coded ser­vices

 

1Any per­son who man­u­fac­tures, im­ports, ex­ports, trans­ports, mar­kets or in­stalls equip­ment, the com­pon­ents or data pro­cessing pro­grams of which are de­signed and are suit­able for the un­au­thor­ised de­cod­ing of en­coded tele­vi­sion or ra­dio pro­grammes or tele­com­mu­nic­a­tions ser­vices is li­able on com­plaint to a fine.2

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


1 In­ser­ted by An­nex No 2 of the Tele­com­mu­nic­a­tions Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405).
2 Pen­al­ties re­vised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

Art. 151

Ma­li­ciously caus­ing fin­an­cial loss to an­oth­er

 

Any per­son who without a view to gain, by mak­ing rep­res­ent­a­tions or sup­press­ing in­form­a­tion, wil­fully mis­leads an­oth­er or wil­fully re­in­forces an er­ro­neous be­lief with the res­ult that the per­son in er­ror acts in such a way that he or an­oth­er in­curs a fin­an­cial loss is li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 152

False state­ments about com­mer­cial busi­ness

 

Any per­son who, wheth­er as founder, pro­pri­et­or, part­ner with un­lim­ited li­ab­il­ity, au­thor­ised rep­res­ent­at­ive or mem­ber of the man­age­ment board or the board of dir­ect­ors, or as an aud­it­or or li­quid­at­or of a trad­ing com­pany, a co-op­er­at­ive or any oth­er en­ter­prise which car­ries on com­mer­cial busi­ness,

makes or causes to be made to all the com­pany mem­bers, part­ners or co-op­er­at­ive mem­bers, or to the par­ti­cipants in any oth­er com­mer­cial en­ter­prise a false or in­com­plete state­ment of sub­stan­tial sig­ni­fic­ance by means of a pub­lic an­nounce­ment or no­tice, re­port or present­a­tion that could cause an­oth­er to dis­pose of his own as­sets in such a way that he sus­tains fin­an­cial loss,

is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 153

False state­ments to the com­mer­cial re­gister au­thor­it­ies

 

Any per­son who causes an au­thor­ity re­spons­ible for the Com­mer­cial Re­gister to make a false entry in the Re­gister or with­holds from such an au­thor­ity in­form­a­tion which is re­quired to be entered in the Re­gister is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Art. 154

 

Re­pealed

Art. 155

Coun­ter­feit­ing of goods

 

1. Any per­son who with a view to de­ceiv­ing an­oth­er in trade or busi­ness

man­u­fac­tures a product which ap­pears to have a high­er com­mer­cial value than its true com­mer­cial value, in par­tic­u­lar by be­ing an im­it­a­tion or coun­ter­feit ver­sion of an­oth­er product,

or im­ports, stores or mar­kets such a product,

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

2.1If the of­fend­er acts for com­mer­cial gain, he is li­able, provided the act is not sub­ject to a more severe pen­alty un­der an­oth­er pro­vi­sion here­of, to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.


1 Amended by No I 1 of the FA of 3 Oct. 2008 on the Im­ple­ment­a­tion of the Re­vised Re­com­mend­a­tions of the Fin­an­cial Ac­tion Task Force, in force since 1 Feb. 2009 (AS 2009 361 367; BBl 2007 6269).

Art. 156

Ex­tor­tion

 

1. Any per­son who, with a view to se­cur­ing an un­law­ful gain for him­self or for an­oth­er, in­duces an­oth­er per­son by us­ing vi­ol­ence or the threat of ser­i­ously det­ri­ment­al con­sequences to be­have in such a way that he or an­oth­er sus­tains fin­an­cial loss is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2. If the of­fend­er acts for com­mer­cial gain, or if he re­peatedly com­mits the of­fence against the same per­son,

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

3. If the of­fend­er uses vi­ol­ence against an­oth­er or if he threatens an­oth­er with an im­me­di­ate danger to life and limb, a pen­alty in ac­cord­ance with Art­icle 140 here­of is im­posed.

4. If the of­fend­er threatens to en­danger the life and limb of a large num­ber of per­sons or to cause ser­i­ous dam­age to prop­erty in which there is a sub­stan­tial pub­lic in­terest, he is li­able to a cus­todi­al sen­tence of not less than one year1.


1 Term in ac­cord­ance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amend­ment has been taken in­to ac­count throughout the Second Book.

Art. 157

Prof­it­eer­ing

 

1. Any per­son who for his own or an­oth­er's fin­an­cial gain or the prom­ise of such gain, ex­ploits the po­s­i­tion of need, the de­pend­ence, the weak­ness of mind or char­ac­ter, the in­ex­per­i­ence, or the fool­ish­ness of an­oth­er per­son to ob­tain a pay­ment or ser­vice which is clearly dis­pro­por­tion­ate to the con­sid­er­a­tion giv­en in re­turn,

any per­son who ac­quires a debt ori­gin­at­ing from an act of prof­it­eer­ing and sells or en­forces the same,

is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2. If the of­fend­er acts for com­mer­cial gain, he is li­able to a cus­todi­al sen­tence of from one to ten years.

Art. 158

Crim­in­al mis­man­age­ment

 

1. Any per­son who by law, an of­fi­cial or­der, a leg­al trans­ac­tion or au­thor­isa­tion gran­ted to him, has been en­trus­ted with the man­age­ment of the prop­erty of an­oth­er or the su­per­vi­sion of such man­age­ment, and in the course of and in breach of his du­ties causes or per­mits that oth­er per­son to sus­tain fin­an­cial loss is li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Any per­son who acts in the same man­ner in his ca­pa­city as the man­ager of a busi­ness but without spe­cif­ic in­struc­tions is li­able to the same pen­alty.

If the of­fend­er acts with a view to se­cur­ing an un­law­ful fin­an­cial gain for him­self or an­oth­er, a cus­todi­al sen­tence of from one to five years may be im­posed.

2. Any per­son who, with a view to se­cur­ing an un­law­ful gain for him­self or an­oth­er, ab­uses the au­thor­ity gran­ted to him by stat­ute, an of­fi­cial or­der or a leg­al trans­ac­tion to act on be­half of an­oth­er and as a res­ult causes that oth­er per­son to sus­tain fin­an­cial loss is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

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

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