1. Any per­son who in ad­dress­ing a third party, makes an ac­cus­a­tion against or casts sus­pi­cion on an­oth­er of dis­hon­our­able con­duct or of oth­er con­duct that shall be li­able to dam­age an­oth­er's repu­ta­tion,

any per­son who dis­sem­in­ates such ac­cus­a­tions or sus­pi­cions,

shall be li­able on com­plaint to a mon­et­ary pen­alty.¹⁹⁶

2. If the ac­cused proves that the state­ment made or dis­sem­in­ated by him cor­res­ponds to the truth or that he had sub­stan­tial grounds to hold an hon­est be­lief that it was true, he is not li­able to a pen­alty.

3. The ac­cused is not per­mit­ted to lead evid­ence in sup­port of and is crim­in­ally li­able for state­ments that are made or dis­sem­in­ated with the primary in­ten­tion of ac­cus­ing someone of dis­rep­ut­able con­duct without there be­ing any pub­lic in­terest or any oth­er jus­ti­fied cause, and par­tic­u­larly where such state­ments refer to a per­son’s private or fam­ily life.

4. If the of­fend­er re­cants his state­ment, the court may im­pose a more le­ni­ent pen­alty or no pen­alty at all.

5. If the ac­cused is un­able to prove the truth of his state­ment, or if it is shown to be un­true, or if the ac­cused re­cants his state­ment, the court must state this in its judg­ment or in an­oth­er doc­u­ment.

1. A per­son in ad­dress­ing a third party, and know­ing his al­leg­a­tions to be un­true, makes an ac­cus­a­tion against or casts sus­pi­cion on an­oth­er of dis­hon­our­able con­duct, or of oth­er con­duct that shall be li­able to dam­age an­oth­er's repu­ta­tion,

any per­son who dis­sem­in­ates such ac­cus­a­tions or sus­pi­cions, know­ing them to be un­true,

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

2. If the of­fend­er has ac­ted sys­tem­at­ic­ally to un­der­mine the good repu­ta­tion of an­oth­er, he shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty of not less than 30 daily pen­alty units.¹⁹⁷

3. If the of­fend­er re­cants his state­ment be­fore the court on the grounds that it is un­true, the court may im­pose a more le­ni­ent pen­alty. The court must provide the per­son harmed with a doc­u­ment con­firm­ing the re­cant­a­tion.

¹ If the de­fam­a­tion, wheth­er wil­ful or not, is dir­ec­ted at a per­son who is de­ceased or who has been de­clared miss­ing pre­sumed dead, the re­l­at­ives of the de­ceased per­son or the per­son miss­ing pre­sumed dead are en­titled to ap­ply for pro­sec­u­tion.

² No of­fence is com­mit­ted if, at the time of the state­ment be­ing made, the de­ceased per­son has been dead or the miss­ing per­son miss­ing for more than 30 years.

Verbal de­fam­a­tion, wheth­er wil­ful or not, is re­garded as the equi­val­ent of de­fam­at­ory state­ments made in writ­ing, in pic­tures, by ges­tures or in any oth­er man­ner.

¹ Any per­son who at­tacks the hon­our of an­oth­er verbally, in writ­ing, in pic­tures, through ges­tures or through acts of ag­gres­sion shall be li­able on com­plaint to a mon­et­ary pen­alty not ex­ceed­ing 90 daily pen­alty units.¹⁹⁸

² If the in­sul­ted party has dir­ectly pro­voked the in­sult by im­prop­er be­ha­viour, the court may dis­pense with im­pos­ing a pen­alty on the of­fend­er.

³ If there is an im­me­di­ate re­sponse to the in­sult by way of a re­tali­at­ory in­sult or act of ag­gres­sion, the court may dis­pense with im­pos­ing a pen­alty on either or both of­fend­ers.

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

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

Any per­son who without au­thor­ity opens a sealed doc­u­ment or sealed mail in or­der to ob­tain know­ledge of its con­tent,

any per­son who dis­sem­in­ates or makes use of in­form­a­tion he has ob­tained by open­ing a sealed doc­u­ment or sealed mail that was not in­ten­ded for him,

shall be li­able on com­plaint to a fine.

Any per­son who by us­ing a listen­ing device and without the per­mis­sion of all those par­ti­cip­at­ing, listens in on a private con­ver­sa­tion between oth­er per­sons, or re­cords such a con­ver­sa­tion on a re­cord­ing device,

any per­son who makes use of in­form­a­tion that he knows or must as­sume has come to his know­ledge as the res­ult of an of­fence un­der the above para­graph or makes such in­form­a­tion known to a third party,

any per­son who stores or al­lows a third party ac­cess to a re­cord­ing that he knows or must as­sume has been made as the res­ult of an of­fence un­der para­graph 1 above,

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

Any per­son who, as a par­ti­cipant in a private con­ver­sa­tion, re­cords the con­ver­sa­tion on a re­cord­ing device without the per­mis­sion of the oth­er par­ti­cipants,

any per­son who stores or makes use of a re­cord­ing, makes the re­cord­ing avail­able or dis­closes its con­tent to a third party when he knows or must as­sume that the re­cord­ing has been made as the res­ult of an of­fence un­der para­graph 1 above,

shall be li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing one year or to a mon­et­ary pen­alty.²⁰⁴

Any per­son who ob­serves with a re­cord­ing device or re­cords with an im­age-car­ry­ing device in­form­a­tion from the secret do­main of an­oth­er or in­form­a­tion which is not auto­mat­ic­ally ac­cess­ible from the private do­main of an­oth­er,

any per­son who makes use of in­form­a­tion or makes in­form­a­tion known to a third party, which he knows or must as­sume has been pro­duced as a res­ult of an of­fence un­der para­graph 1 above,

any per­son who stores or al­lows a third party ac­cess to a re­cord­ing that he knows or must as­sume has been made as the res­ult of an of­fence un­der para­graph 1 above,

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

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

a.

with the emer­gency, res­cue or se­cur­ity ser­vices; or

b.

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

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

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

1. Any per­son who man­u­fac­tures, im­ports, ex­ports, ac­quires, stores, pos­sesses, trans­ports, passes on to an­oth­er, sells, leases, lends or in any oth­er man­ner mar­kets, pro­motes or provides in­struc­tion on the man­u­fac­ture of tech­nic­al devices which are in par­tic­u­lar in­ten­ded for un­law­ful listen­ing or the un­law­ful mak­ing of sound or im­age re­cord­ings,

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

2. If the of­fend­er acts on be­half of a third party, that third party shall be li­able to the same pen­alty as the of­fend­er provided he was aware that the of­fence was be­ing com­mit­ted and failed to use his best ef­forts to pre­vent the com­mis­sion of the of­fence.

If the third party is a leg­al en­tity, a gen­er­al or lim­ited part­ner­ship or a sole pro­pri­et­or­ship²⁰⁸, para­graph 1 above ap­plies to those per­sons who ac­ted or should have ac­ted on be­half of that en­tity.

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

¹ Any per­son who, in the ex­er­cise of ex­press stat­utory powers, or­ders or car­ries out the sur­veil­lance of the post or tele­com­mu­nic­a­tions of an­oth­er or makes use of tech­nic­al sur­veil­lance devices (Art. 179bis ff.) does not com­mit an of­fence provided that the ap­prov­al of the ap­pro­pri­ate court is ob­tained without delay.

² The re­quire­ments for the sur­veil­lance of post or tele­com­mu­nic­a­tions and the pro­ced­ure there­for is gov­erned by the Fed­er­al Act of 6 Oc­to­ber 2000²¹¹ on the Sur­veil­lance of Post and Tele­com­mu­nic­a­tions.

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

¹ Any per­son who places an­oth­er in a state of fear and alarm by mak­ing a ser­i­ous threat shall be li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² The of­fend­er is pro­sec­uted ex of­fi­cio if he:

a.

is the spouse of the vic­tim and the threat was made dur­ing the mar­riage or with­in one year of di­vorce; or

a^bis.²¹³ is the re­gistered part­ner of the vic­tim and the threat was made dur­ing the re­gistered part­ner­ship or with­in one year of its dis­sol­u­tion; or

b.

is the het­ero­sexu­al or ho­mo­sexu­al part­ner of the vic­tim, provided they are co­hab­it­ing for an un­lim­ited peri­od and the threat was made dur­ing this time or with­in one year of sep­ar­a­tion.²¹⁴

Any per­son who, by the use of force or the threat of ser­i­ous det­ri­ment or oth­er re­stric­tion of an­oth­er's free­dom to act com­pels an­oth­er to carry out an act, to fail to carry out an act or to tol­er­ate an act, shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

¹ Any per­son who, by the use of force or the threat of ser­i­ous det­ri­ment or oth­er re­stric­tion of an­oth­er's free­dom to act com­pels an­oth­er to enter in­to a mar­riage or to have a same-sex part­ner­ship re­gistered shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

² Any per­son who com­mits the fore­go­ing of­fence abroad but is now in Switzer­land and is not be­ing ex­tra­dited shall be li­able to the same pen­alty. Art­icle 7 para­graphs 4 and 5 ap­ply.

¹ Any per­son who as a sup­pli­er, in­ter­me­di­ary or cus­tom­er en­gages in the traf­fick­ing of a hu­man be­ing for the pur­pose of sexu­al ex­ploit­a­tion, ex­ploit­a­tion of his or her la­bour or for the pur­pose of re­mov­ing an or­gan shall be li­able to a cus­todi­al sen­tence or to a mon­et­ary pen­alty. The so­li­cit­ing of a per­son for these pur­poses is equi­val­ent to traf­fick­ing.

² If the vic­tim is a minor²¹⁷ or if the of­fend­er acts for com­mer­cial gain, the pen­alty is a cus­todi­al sen­tence of not less than one year.

³ In every case, a mon­et­ary pen­alty must also be im­posed.

⁴ Any per­son who com­mits the act abroad is also guilty of an of­fence. Art­icles 5 and 6 ap­ply.

1. Any per­son who un­law­fully ar­rests or holds an­oth­er pris­on­er or oth­er­wise un­law­fully de­prives an­oth­er of his liberty,

any per­son who, by the use of force, false pre­tences or threats, ab­ducts an­oth­er,

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

2. Any per­son who ab­ducts a per­son who is in­cap­able of judge­ment or res­ist­ance or who is un­der the age of six­teen, shall be li­able the same pen­alty.

The pen­alty for false im­pris­on­ment and ab­duc­tion is a cus­todi­al sen­tence of not less than one year,

if the of­fend­er at­tempts to ob­tain a ransom,

if he treats the vic­tim with cruelty,

if the depriva­tion of liberty lasts for a peri­od in ex­cess of ten days or

if the health of the vic­tim is ser­i­ously en­dangered.

1. Any per­son who de­prives an­oth­er of his liberty, or ab­ducts or oth­er­wise seizes an­oth­er in or­der to co­erce a third party to carry out an act, ab­stain from car­ry­ing out an act or tol­er­ate an act,

any per­son who ex­ploits a situ­ation cre­ated in the fore­go­ing man­ner by an­oth­er in or­der so to co­erce a third party,

shall be li­able to a cus­todi­al sen­tence of not less than one year .

2. The pen­alty is a cus­todi­al sen­tence of not less than three years if the of­fend­er threatens to kill or ser­i­ously in­jure the vic­tim or to treat the vic­tim with cruelty.

3. In par­tic­u­larly ser­i­ous cases, and in par­tic­u­lar if the act in­volves sev­er­al vic­tims, the of­fend­er shall be li­able to a cus­todi­al sen­tence of life.

4. If the of­fend­er aban­dons the co­er­cion and re­leases the vic­tim, a re­duced pen­alty may be im­posed (Art. 48a).²²¹

5. Any per­son who com­mits the of­fence abroad is also li­able to the fore­go­ing pen­al­ties provided he is ar­res­ted in Switzer­land and not ex­tra­dited. Art­icle 7 para­graphs 4 and 5 ap­ply.²²²

¹ Any per­son who with the in­ten­tion of re­mov­ing a per­son from the pro­tec­tion of the law for a pro­longed peri­od of time:

a.

on be­half of or with the ac­qui­es­cence of a State or polit­ic­al or­gan­isa­tion, de­prives that per­son of their liberty, and there­after re­fuses to give in­form­a­tion as to their fate or where­abouts; or

b.

on be­half of or with the ac­qui­es­cence of a State or polit­ic­al or­gan­isa­tion or in vi­ol­a­tion of a leg­al duty re­fuses to give in­form­a­tion as to the fate or where­abouts of the per­son con­cerned.

shall be li­able to a cus­todi­al sen­tence of not less than one year.

² Any per­son who com­mits the of­fence abroad is also li­able to the fore­go­ing pen­alty provided they are now in Switzer­land and are not ex­tra­dited. Art­icle 7 para­graphs 4 and 5 ap­ply.

Any per­son who, against the will of the law­ful oc­cu­pants enters a build­ing, an apart­ment, a self-con­tained room with­in a build­ing, an en­closed area, court­yard or garden form­ing a dir­ect part of a build­ing, or a clearly de­marc­ated work­place or, des­pite re­quests from the law­ful oc­cu­pants to leave, re­mains in such a loc­a­tion, shall be li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

1. Any per­son who en­gages in a sexu­al act with a child un­der 16 years of age, or,

in­cites a child to com­mit such an activ­ity, or

in­volves a child in a sexu­al act,

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

2. No pen­alty may be im­posed if the dif­fer­ence in age between the per­sons in­volved is three years or less.

3. If the of­fend­er has not reached the age of 20 at the time of the act or the first of the acts, and if there are spe­cial cir­cum­stances, or if the child is the spouse or re­gistered part­ner of the of­fend­er, the re­spons­ible au­thor­ity may dis­pense with pro­sec­u­tion, re­fer­ral to the court or the im­pos­i­tion of a pen­alty.²²⁵

4. If the of­fend­er acts un­der the mis­con­cep­tion that the child is 16 years of age or older, but he would not have made this er­ror had he ex­er­cised due care, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

5. ...²²⁶

6. ...²²⁷

1. Any per­son who com­mits a sexu­al act by ex­ploit­ing his or her re­la­tion­ship with a minor over the age of 16 who is de­pend­ent on him due to a re­la­tion­ship arising from the minor's edu­ca­tion, care or em­ploy­ment or an­oth­er form of de­pend­ent re­la­tion­ship,

any per­son who en­cour­ages such a minor to com­mit a sexu­al act by ex­ploit­ing such a re­la­tion­ship,

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

2. If the minor is the spouse or re­gistered part­ner of the of­fend­er, the re­spons­ible au­thor­ity may dis­pense with pro­sec­u­tion, re­fer­ral to the court or the im­pos­i­tion of a pen­alty.²²⁸

¹ Any per­son who uses threats, force or psy­cho­lo­gic­al pres­sure on an­oth­er per­son or makes that oth­er per­son in­cap­able of res­ist­ance in or­der to com­pel him or her to tol­er­ate a sexu­al act sim­il­ar to in­ter­course or any oth­er sexu­al act shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty.

² ...²²⁹

³ If the of­fend­er acts with cruelty, and if in par­tic­u­lar he makes use of an of­fens­ive weapon or any oth­er dan­ger­ous ob­ject, the pen­alty is a cus­todi­al sen­tence of not less than three years.²³⁰

¹ Any per­son who forces a per­son of the fe­male sex by threats or vi­ol­ence, psy­cho­lo­gic­al pres­sure or by be­ing made in­cap­able of res­ist­ance to sub­mit to sexu­al in­ter­course shall be li­able to a cus­todi­al sen­tence of from one to ten years.

² ...²³¹

³ If the of­fend­er acts with cruelty, and if in par­tic­u­lar he makes use of an of­fens­ive weapon or any oth­er dan­ger­ous ob­ject, the pen­alty is a cus­todi­al sen­tence of not less than three years.²³²

Any per­son who, in the know­ledge that an­oth­er per­son is in­cap­able of judge­ment or res­ist­ance, has sexu­al in­ter­course with, or com­mits an act sim­il­ar to sexu­al in­ter­course or any oth­er sexu­al act on that per­son shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty.

¹ Any per­son who, by ab­us­ing a de­pend­ent re­la­tion­ship with a per­son in in­sti­tu­tion­al care, an in­mate of an in­sti­tu­tion, a pris­on­er, a de­tain­ee or a per­son on re­mand, in­duces the de­pend­ent per­son to com­mit or sub­mit to a sexu­al act, shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² If the per­son harmed is the spouse or re­gistered part­ner of the of­fend­er, the re­spons­ible au­thor­ity may dis­pense with pro­sec­u­tion, re­fer­ral to the court or the im­pos­i­tion of a pen­alty.²³³

¹ Any per­son who in­duces an­oth­er to com­mit or sub­mit to a sexu­al act by ex­ploit­ing a po­s­i­tion of need or a de­pend­ent re­la­tion­ship based on em­ploy­ment or an­oth­er de­pend­ent re­la­tion­ship shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² If the per­son harmed is the spouse or re­gistered part­ner of the of­fend­er, the re­spons­ible au­thor­ity may dis­pense with pro­sec­u­tion, re­fer­ral to the court or the im­pos­i­tion of a pen­alty.²³⁴

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

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

Any per­son who

a.

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

b.

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

c.

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

d.

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

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

Any per­son who car­ries out sexu­al acts with a minor or in­duces a minor to carry out such acts and who makes or prom­ises pay­ment in re­turn shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

1 Any per­son who of­fers, shows, passes on or makes ac­cess­ible to a per­son un­der the age of 16 por­no­graph­ic doc­u­ments, sound or visu­al re­cord­ings, de­pic­tions or oth­er items of a sim­il­ar nature or por­no­graph­ic per­form­ances, or broad­casts any of the same on ra­dio or tele­vi­sion shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

2. Any per­son who ex­hib­its in pub­lic items or per­form­ances as de­scribed in para­graph 1 above or shows or oth­er­wise of­fers the same un­so­li­cited to oth­ers shall be li­able to a fine. Any per­son who, in ad­vance, draws the at­ten­tion of vis­it­ors to private ex­hib­i­tions or per­form­ances to their por­no­graph­ic char­ac­ter does not com­mit an of­fence.

³ Any per­son who re­cruits or causes a minor to par­ti­cip­ate in a por­no­graph­ic per­form­ance shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

4 Any per­son who pro­duces, im­ports, stores, mar­kets, ad­vert­ises, ex­hib­its, of­fers, shows, passes on or makes ac­cess­ible to oth­ers, ac­quires, or pro­cures or pos­sesses via elec­tron­ic me­dia or oth­er­wise items or per­form­ances as de­scribed in para­graph 1 above that con­tain sexu­al acts in­volving an­im­als, acts of vi­ol­ence in­volving adults or non-genu­ine sexu­al acts with minors shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty. If the items or per­form­ances con­tain genu­ine sexu­al acts with minors, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing five years or a mon­et­ary pen­alty.

⁵ Any per­son who con­sumes or who for his or her own con­sump­tion pro­duces, im­ports, stores, ac­quires or pro­cures or pos­sesses via elec­tron­ic me­dia or oth­er­wise items or per­form­ances as de­scribed in para­graph 1 above that con­tain sexu­al acts in­volving an­im­als, acts of vi­ol­ence in­volving adults or non-genu­ine sexu­al acts with minors shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing one year or to a mon­et­ary pen­alty. If the items or per­form­ances con­tain genu­ine sexu­al acts with minors, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

⁶ In the case of­fences un­der para­graphs 4 and 5, the items shall be for­feited.

⁷ If the of­fend­er acts for fin­an­cial gain, the cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

⁸ Minors over the age of 16 are not li­able to any pen­alty if by mu­tu­al con­sent they pro­duce items or per­form­ances as de­scribed in para­graph 1 above that in­volve each oth­er, or pos­sess or con­sume such items or per­form­ances.

⁹ Items or re­cord­ings as de­scribed in para­graphs 1–5 above are not re­garded as por­no­graph­ic if they have a cul­tur­al or sci­entif­ic value that jus­ti­fies their pro­tec­tion by law.

Any per­son who causes of­fence by per­form­ing a sexu­al act in the pres­ence of an­oth­er who does not ex­pect it,

any per­son who sexu­ally har­asses an­oth­er phys­ic­ally or through the use of in­de­cent lan­guage,

shall be li­able on com­plaint to a fine.

Any per­son who vi­ol­ates the can­ton­al reg­u­la­tions on the per­mit­ted loc­a­tions or times at which pros­ti­tu­tion may be prac­tised or the man­ner in which it may be prac­tised, or on the pre­ven­tion of re­lated pub­lic nuis­ance shall be li­able to a fine.

Where any per­son com­mits an of­fence un­der this Title jointly with one or more oth­ers, the court may in­crease the pen­alty im­posed, but may not ex­ceed the stand­ard max­im­um pen­alty for the of­fence by more than an ad­di­tion­al half. The court, in im­pos­ing the pen­alty, is bound by the stat­utory max­im­um pen­alty for the type of­fence in ques­tion.

¹ Any per­son who has sexu­al in­ter­course with a blood re­l­at­ive in dir­ect line or with a broth­er or sis­ter, or a half-broth­er or half-sis­ter shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² Minors are not li­able to any pen­alty provided they have been in­duced to com­mit the act.

³ ...²⁴¹

Any per­son who mar­ries or enters in­to a re­gistered same-sex part­ner­ship when he is already mar­ried or liv­ing in a re­gistered same-sex part­ner­ship,

any per­son who mar­ries or enters in­to a re­gistered same-sex part­ner­ship with a per­son who is already mar­ried or liv­ing in a re­gistered same-sex part­ner­ship,

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

¹ Any per­son who fails to ful­fil his or her fam­ily law du­ties to provide main­ten­ance or sup­port al­though he or she has or could have the means to do so, shall be li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² The au­thor­it­ies and agen­cies ap­poin­ted by the can­tons also have the right to file a com­plaint. In ex­er­cising this right, they shall take ac­count of the in­terests of the fam­ily.

¹ Any per­son who vi­ol­ates or neg­lects his or her du­ties of su­per­vi­sion and edu­ca­tion to­wards a minor and thus en­dangers the minor's phys­ic­al or men­tal de­vel­op­ment, shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² If the per­son con­cerned acts through neg­li­gence, a fine may be im­posed in­stead of a cus­todi­al sen­tence or a mon­et­ary pen­alty.²⁴⁸

Any per­son who re­moves a minor from or re­fuses to re­turn a minor to the per­son hold­ing the right to de­cide on the minor's place of res­id­ence shall be li­able on com­plaint to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

¹ Any per­son who wil­fully causes a fire and thus does dam­age to an­oth­er or causes a danger to the pub­lic shall be li­able to a cus­todi­al sen­tence of not less than one year.

² If the of­fend­er wil­fully en­dangers the life and limb of oth­ers, the pen­alty is a cus­todi­al sen­tence of not less than three years.

³ If the dam­age caused is minor, the pen­alty may be re­duced to a cus­todi­al sen­tence of up to three years or to a mon­et­ary pen­alty.

¹ Any per­son who causes a fire through neg­li­gence and thus does dam­age to an­oth­er or causes a danger to the pub­lic shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² If the of­fend­er through neg­li­gence en­dangers the life and limb of oth­ers, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

1. Any per­son who wil­fully causes an ex­plo­sion in­volving gas, pet­rol, par­affin or a sim­il­ar sub­stance and thus know­ingly en­dangers the life and limb or prop­erty of oth­ers shall be li­able to a cus­todi­al sen­tence of not less than one year.

If only minor loss, dam­age or in­jury is caused, a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty may be im­posed.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son who wil­fully and with crim­in­al in­tent en­dangers the life and limb or the prop­erty of oth­ers through the use of ex­plos­ives or tox­ic gases shall be li­able to a cus­todi­al sen­tence of not less than one year.

² If only an in­sig­ni­fic­ant danger to prop­erty is caused, a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty may be im­posed.

¹ Any per­son who wil­fully but without crim­in­al in­tent en­dangers the life and limb or the prop­erty of oth­ers through the use of ex­plos­ives or tox­ic gases shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

² In minor cases, a fine may be im­posed.

¹ Any per­son who man­u­fac­tures ex­plos­ives or tox­ic gases that he knows or must as­sume are in­ten­ded to be used to com­mit a felony shall be li­able to a cus­todi­al sen­tence of at least six months and no more than ten years.²⁵⁰

² Any per­son who pro­cures, passes on to an­oth­er, ac­cepts from an­oth­er, safe­guards, con­ceals or trans­ports ex­plos­ives, tox­ic gases or sub­stances suit­able for their man­u­fac­ture shall be li­able, if he knows or must as­sume that they are in­ten­ded to be used to com­mit a felony, to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty of not less than 30 daily pen­alty units²⁵¹.

³ Any per­son who in­structs an­oth­er per­son on how to man­u­fac­ture ex­plos­ives or tox­ic gases when he knows or must as­sume that that per­son is plan­ning to use the ex­plos­ives or tox­ic gases to com­mit a felony shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty of not less than 30 daily pen­alty units.

¹ Any per­son who wil­fully causes ser­i­ous danger to the life or the health of people or to the prop­erty of oth­ers by means of nuc­le­ar en­ergy, ra­dio­act­ive sub­stances or ion­ising ra­di­ation shall be li­able to a cus­todi­al sen­tence or a mon­et­ary pen­alty. A cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

² If the of­fend­er acts through neg­li­gence, he shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty. A cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

¹ Any per­son who sys­tem­at­ic­ally car­ries out spe­cif­ic tech­nic­al or or­gan­isa­tion­al pre­par­a­tions for acts in­ten­ded to cause danger to the life or the health of people or to the prop­erty of oth­ers by means of nuc­le­ar en­ergy, ra­dio­act­ive sub­stances or ion­ising ra­di­ation of sub­stan­tial value shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty. A cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

² Any per­son who man­u­fac­tures, pro­cures, passes on to an­oth­er, ac­cepts from an­oth­er, stores, con­ceals or trans­ports ra­dio­act­ive sub­stances, equip­ment, ap­par­at­us or art­icles that con­tain ra­dio­act­ive sub­stances or may emit ion­ising ra­di­ation shall be li­able, if he knows or must as­sume that they are in­ten­ded for un­law­ful use, to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty. A cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

³ Any per­son who in­structs an­oth­er per­son on how to man­u­fac­ture such sub­stances, equip­ment, ap­par­at­us or art­icles shall be li­able, if he knows or must as­sume that they are in­ten­ded for un­law­ful use, to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty. A cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

1. Any per­son who wil­fully causes a flood, the col­lapse of a struc­ture or a land­slide or rock fall and thus know­ingly en­dangers the life and limb of people or the prop­erty of oth­ers shall be li­able to a cus­todi­al sen­tence of not less than one year.

If only minor loss, dam­age or in­jury is caused, a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty may be im­posed.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

1. Any per­son who wil­fully dam­ages or des­troys elec­tric­al in­stall­a­tions, hy­draul­ic struc­tures such as dams, weirs, dikes, and floodgates, struc­tures erec­ted to provide pro­tec­tion against nat­ur­al forces such as land­slides or ava­lanches, and thus know­ingly en­dangers the life and limb of people or the prop­erty of oth­ers, shall be li­able to a cus­todi­al sen­tence of not less than one year.

If only minor loss, dam­age or in­jury is caused, a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty may be im­posed.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son en­gaged in the man­age­ment or ex­e­cu­tion of con­struc­tion or de­moli­tion work who wil­fully dis­reg­ards the ac­cep­ted rules of con­struc­tion and as a res­ult know­ingly en­dangers the life and limb of oth­ers shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty. The cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

² If the of­fend­er dis­reg­ards the ac­cep­ted rules of con­struc­tion through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

1. Any per­son who wil­fully dam­ages, des­troys, re­moves, oth­er­wise renders un­us­able or de­ac­tiv­ates a safety device which serves to pre­vent ac­ci­dents in a fact­ory or oth­er com­mer­cial premises or on a ma­chine,

who wil­fully fails to in­stall such a device in vi­ol­a­tion of the reg­u­la­tions,

and thus know­ingly en­dangers the life and limb of oth­er people,

shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty. The cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son who wil­fully re­leases ge­net­ic­ally mod­i­fied or patho­gen­ic or­gan­isms or the dis­rupts the op­er­a­tion of a fa­cil­ity for the re­search in­to, or the safe­guard­ing, pro­duc­tion or trans­port of such or­gan­isms shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years, provided he knows or must as­sume that through his acts:

a.

he will en­danger the life and limb of people; or

b.

the nat­ur­al com­pos­i­tion of com­munit­ies of an­im­als and plants or their hab­it­ats will be ser­i­ously en­dangered.

² If the of­fend­er acts through neg­li­gence, he shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

1. Any per­son who ma­li­ciously trans­mits a dan­ger­ous com­mu­nic­able hu­man dis­ease shall be li­able to a cus­todi­al sen­tence of from one to five years.

1. Any per­son who wil­fully causes the trans­mis­sion of an epi­zo­ot­ic dis­ease among do­mest­ic an­im­als shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

If the of­fend­er ma­li­ciously causes ser­i­ous loss, dam­age or in­jury, the pen­alty is a cus­todi­al sen­tence of from one to five years.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

1. Any per­son who wil­fully propag­ates a para­site or mi­cro-or­gan­ism that con­sti­tutes a danger to ag­ri­cul­ture or forestry, shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

If the of­fend­er ma­li­ciously causes ser­i­ous loss, dam­age or in­jury, the pen­alty is a cus­todi­al sen­tence of from one to five years.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son who wil­fully con­tam­in­ates drink­ing wa­ter in­ten­ded for people or do­mest­ic an­im­als with sub­stances that are dam­aging to health shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty of not less than 30 daily pen­alty units.

² If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

1. Any per­son who wil­fully pro­duces or treats an­im­al feed or feed­stuffs for do­mest­ic an­im­als in such a way that they con­sti­tute a danger to the health of an­im­als shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

If the of­fend­er car­ries on a com­mer­cial op­er­a­tion to pro­duce or treat an­im­al feed that is harm­ful to an­im­als, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty of not less than 30 daily pen­alty units. A cus­todi­al sen­tence must be com­bined with a mon­et­ary pen­alty.²⁵⁶ In such cases, pub­lic no­tice is giv­en of the con­vic­tion.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a fine.

3. The products are for­feited. They may be rendered harm­less or des­troyed.

¹ Any per­son who wil­fully im­ports, stores, of­fers for sale or mar­kets an­im­al feed or an­im­al feed­stuffs that con­sti­tute a danger to an­im­als shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty. Pub­lic no­tice is giv­en of the con­vic­tion.

² If the per­son con­cerned acts through neg­li­gence, the pen­alty is a fine.

³ The products are for­feited. They may be rendered harm­less or des­troyed.

1. Any per­son who wil­fully ob­structs, dis­rupts or en­dangers pub­lic traffic, in par­tic­u­lar traffic on the roads, on wa­ter or in the air and as a res­ult know­ingly causes danger to the life and limb of oth­er people shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

If the of­fend­er thus know­ingly en­dangers the life and limb of a large num­ber of people, a cus­todi­al sen­tence of from one to ten years may be im­posed.

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son who wil­fully ob­structs, dis­rupts or en­dangers rail­way ser­vices and as a res­ult causes danger to the life, limb or prop­erty of oth­er people, and in par­tic­u­lar the danger of de­rail­ment or col­li­sion shall be li­able to a cus­todi­al sen­tence or to a mon­et­ary pen­alty²⁵⁷.

² If the per­son con­cerned acts through neg­li­gence and as a res­ult causes ser­i­ous danger to the life, limb or prop­erty of oth­er people the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

1. Any per­son who wil­fully ob­structs, dis­rupts or en­dangers the op­er­a­tion of a pub­lic ser­vice and in par­tic­u­lar the rail­way, postal, tele­graph­ic or tele­phone ser­vices,

any per­son who wil­fully ob­structs, dis­rupts or en­dangers the op­er­a­tion of a pub­lic util­ity or in­stall­a­tion which provides wa­ter, light, power or heat,

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

2. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son who coun­ter­feits coins, pa­per money or bank­notes in or­der to pass these off as genu­ine shall be li­able to a cus­todi­al sen­tence of not less than one year.

² In par­tic­u­larly minor cases, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

³ The of­fend­er is also li­able to the fore­go­ing pen­al­ties if he com­mit­ted the act abroad, has entered Switzer­land and is not be­ing ex­tra­dited, provided the act is also an of­fence at the place of com­mis­sion.

¹ Any per­son who al­ters coins, pa­per money or bank notes in or­der to pass these off at a value high­er than their true value shall be li­able to a cus­todi­al sen­tence of at least six months and no more than five years.²⁵⁸

² In par­tic­u­larly minor cases, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son who passes or tenders coun­ter­feit or fals­i­fied coins, pa­per money or bank notes as genu­ine money shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty²⁵⁹.

² If the of­fend­er, the per­son in­struct­ing him or his agent ac­cep­ted the coins or bank­notes on the un­der­stand­ing that they were genu­ine or not fals­i­fied, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.

¹ Any per­son who, without the in­ten­tion of com­mit­ting the of­fence of for­gery, re­pro­duces or im­it­ates bank notes and thus cre­ates the risk that per­sons or ma­chines will con­fuse such notes with genu­ine notes, in par­tic­u­lar if the over­all ap­pear­ance, one side or the great­er part of one side of a bank note re­pro­duces or im­it­ates a ma­ter­i­al and a size that is identic­al or sim­il­ar to the ma­ter­i­al and size of the ori­gin­al,

any per­son who, without the in­ten­tion of com­mit­ting the of­fence of for­gery, pro­duces ob­jects which in their ap­pear­ance, weight and size are sim­il­ar to coins in cir­cu­la­tion, or which show the nom­in­al value or oth­er char­ac­ter­ist­ics of coins which have been of­fi­cially struck, and thus cre­ates the risk that per­sons or ma­chines will con­fuse such coins with coins which are in cir­cu­la­tion,

any per­son who, without the in­ten­tion of com­mit­ting the of­fence of for­gery re­pro­duces or im­it­ates of­fi­cial stamps and thus cre­ates the risk that such stamps will be con­fused with genu­ine stamps,

any per­son who im­ports, of­fers or puts in­to cir­cu­la­tion such ob­jects art­icles,

shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.²⁶¹

² If the per­son con­cerned acts through neg­li­gence, he shall be li­able to a fine.²⁶²

¹ Any per­son who im­ports, ac­quires or stores coun­ter­feit or fals­i­fied coins, pa­per money or bank notes in or­der to pass these off as genu­ine or non-fals­i­fied shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.²⁶³

² Any per­son who im­ports, ac­quires or stores such money on a large scale shall be li­able to a cus­todi­al sen­tence of from one to five years.

1. Any per­son who forges or fals­i­fies of­fi­cial stamps, and in par­tic­u­lar post­age stamps, rev­en­ue stamps or fee stamps, in or­der to pass these off as genu­ine or non-fals­i­fied,

any per­son who gives can­celled of­fi­cial value stamps the ap­pear­ance of be­ing val­id in or­der to pass them off as such,

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

The of­fend­er is also li­able to the fore­go­ing pen­al­ties if he com­mit­ted the act abroad, has entered Switzer­land and is not be­ing ex­tra­dited, provided the act is also an of­fence at the place of com­mis­sion.

2. Any per­son who passes off forged, fals­i­fied or can­celled of­fi­cial stamps as genu­ine, non-fals­i­fied or val­id shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Any per­son who forges or fals­i­fies an of­fi­cial mark which the au­thor­it­ies af­fix to an ob­ject to con­firm the res­ult of an in­spec­tion or the grant­ing of ap­prov­al such as hall­marks, or marks stamped on goods by meat in­spect­ors, marks stamped by the Fed­er­al Of­fice for Cus­toms and Bor­der Se­cur­ity, with the in­ten­tion of passing the mark off as genu­ine,²⁶⁴

any per­son who passes off such forged or fals­i­fied marks as genu­ine or non-fals­i­fied,

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

Any per­son who con­structs or ac­quires equip­ment for the for­gery or falsi­fic­a­tion of coins, pa­per money, bank notes or of­fi­cial stamps in or­der to make un­law­ful use of such equip­ment,

any per­son who makes un­law­ful use of equip­ment which is used for the pro­duc­tion of coins, pa­per money, bank notes or of­fi­cial stamps,

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

Any per­son who, in or­der to de­ceive oth­ers in trade or com­merce,

at­taches a false cal­ib­ra­tion mark to weights and meas­ures, scales or oth­er meas­ur­ing in­stru­ments or fals­i­fies an ex­ist­ing cal­ib­ra­tion mark,

makes al­ter­a­tions to weights and meas­ures, scales or oth­er meas­ur­ing in­stru­ments, or

makes use of forged or fals­i­fied weights and meas­ures, scales or oth­er meas­ur­ing in­stru­ments,

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

¹ Forged or fals­i­fied coins, pa­per money, bank­notes, of­fi­cial stamps, of­fi­cial marks, weights and meas­ures, scales or oth­er meas­ur­ing in­stru­ments as well as the coun­ter­feit­ing equip­ment is for­feited and rendered un­us­able or des­troyed.

² Bank­notes, coins or of­fi­cial stamps that have been re­pro­duced, im­it­ated or pro­duced without the in­tent to com­mit for­gery, but which cre­ate a risk of con­fu­sion, are also for­feited and rendered un­us­able or des­troyed.

The pro­vi­sions this Title also ap­ply in the case of for­eign coins, pa­per money, bank­notes and stamps.

1. Any per­son who with a view to caus­ing fin­an­cial loss or dam­age to the rights of an­oth­er or in or­der to ob­tain an un­law­ful ad­vant­age for him­self or an­oth­er,

pro­duces a false doc­u­ment, fals­i­fies a genu­ine doc­u­ment, uses the genu­ine sig­na­ture or mark of an­oth­er to pro­duce a false doc­u­ment, falsely cer­ti­fies or causes to be falsely cer­ti­fied a fact of leg­al sig­ni­fic­ance or,

makes use of a false or fals­i­fied doc­u­ment in or­der to de­ceive,

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

2. In par­tic­u­larly minor cases, a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty may be im­posed.

Any per­son who with the in­ten­tion of fur­ther­ing his own po­s­i­tion or that of an­oth­er,

forges or fals­i­fies iden­tity doc­u­ments, ref­er­ences, or cer­ti­fic­ates,

uses such a doc­u­ment in or­der to de­ceive an­oth­er,

or uses a genu­ine doc­u­ment of this nature but which does not ap­ply to him in or­der to de­ceive an­oth­er,

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

Any per­son who by fraud­u­lent means causes a pub­lic of­fi­cial or a per­son act­ing in an of­fi­cial ca­pa­city to cer­ti­fy an un­true fact of sub­stan­tial leg­al sig­ni­fic­ance, and in par­tic­u­lar to cer­ti­fy a false sig­na­ture or an in­cor­rect copy as genu­ine, or

any per­son who makes use of a doc­u­ment ob­tained by fraud in this way in or­der to de­ceive an­oth­er as to the fact cer­ti­fied therein,

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

¹ Any per­son who dam­ages, des­troys, con­ceals or mis­ap­pro­pri­ates a doc­u­ment over which he has no ex­clus­ive right of dis­pos­al, with a view to caus­ing fin­an­cial loss or dam­age to the rights of an­oth­er or in or­der to ob­tain an un­law­ful ad­vant­age for him­self or an­oth­er shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

² The sup­pres­sion of doc­u­ments to the det­ri­ment of a re­l­at­ive or fam­ily mem­ber is pro­sec­uted only on com­plaint.

Art­icles 251–254 also ap­ply to of­fi­cial for­eign doc­u­ments.

Any per­son who, with the in­ten­tion of caus­ing fin­an­cial loss or dam­aging the rights of an­oth­er or of ob­tain­ing an un­law­ful ad­vant­age for him­self or an­oth­er, re­moves, moves, renders un­re­cog­nis­able, falsely po­s­i­tions or fals­i­fies a bound­ary stone or oth­er bound­ary mark­er shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Any per­son who re­moves, moves, renders un­re­cog­nis­able or falsely po­s­i­tions a pub­lic sur­vey point or wa­ter level in­dic­at­or shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

Any per­son who causes fear and alarm among the gen­er­al pub­lic by threat­en­ing or feign­ing a danger to life, limb or prop­erty shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

¹ Any per­son who pub­licly in­cites oth­ers to com­mit a felony shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

^1bis Pub­lic in­cite­ment to com­mit gen­o­cide (Art. 264), where the in­ten­tion is for the act to be car­ried out ex­clus­ively or partly in Switzer­land, is also an of­fence if the in­cite­ment oc­curs out­side Switzer­land.²⁷⁰

² Any per­son who pub­licly in­cites oth­ers to com­mit a mis­de­mean­our that in­volves vi­ol­ence against oth­er per­sons or prop­erty shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

¹ Any per­son who takes part in a ri­ot­ous as­sembly in pub­lic in the course of which acts of vi­ol­ence are com­mit­ted against per­sons and prop­erty by the use of united force shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

² Par­ti­cipants who re­move them­selves when of­fi­cially ordered to do so are not held to have com­mit­ted an of­fence if they have not used vi­ol­ence or en­cour­aged oth­ers to do so.

¹ Any per­son who, in ac­cord­ance with a plan, car­ries out spe­cif­ic tech­nic­al or or­gan­isa­tion­al meas­ures, the nature and ex­tent of which in­dic­ate that the of­fend­er in­tends to com­mit any of the of­fences lis­ted be­low shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty:

a.

in­ten­tion­al hom­icide (Art. 111);

b.

murder (Art. 112);

c.

ser­i­ous as­sault (Art. 122);

c^bis.²⁷² fe­male gen­it­al mu­til­a­tion (Art. 124);

d.

rob­bery (Art. 140);

e.

false im­pris­on­ment and ab­duc­tion (Art. 183);

f.

host­age tak­ing (Art. 185);

f^bis.²⁷³ en­forced dis­ap­pear­ance (Art. 185^bis);

g.

ar­son (Art. 221);

h.

gen­o­cide (Art. 264);

i.

crimes against hu­man­ity (Art. 264a);

j.

war crimes (Art. 264c–264h).²⁷⁴

2 If the of­fend­er, of his own vo­li­tion, does not com­plete the pre­par­at­ory act, he is not li­able to any pen­alty.

³ It is also an of­fence for any per­son to carry out a pre­par­at­ory act abroad, provided it was in­ten­ded to com­mit the of­fences in Switzer­land. Art­icle 3 para­graph 2 ap­plies.²⁷⁵

¹ Any per­son who:

a.

par­ti­cip­ates in an or­gan­isa­tion which pur­sues the ob­ject­ive of:

1.

com­mit­ting vi­ol­ent felon­ies or se­cur­ing a fin­an­cial gain by crim­in­al means, or

2.

com­mit­ting vi­ol­ent felon­ies aimed at in­tim­id­at­ing the pop­u­la­tion or co­er­cing a State or an in­ter­na­tion­al or­gan­isa­tion to act or re­frain from act­ing; or who

b.

sup­ports such an or­gan­isa­tion in its activ­it­ies.

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

² Para­graph 1 let­ter b does not ap­ply to hu­man­it­ari­an ser­vices provided by an im­par­tial hu­man­it­ari­an or­gan­isa­tion, such as the In­ter­na­tion­al Com­mit­tee of the Red Cross, in ac­cord­ance with the com­mon Art­icle 3 of the Geneva Con­ven­tions of 12 Au­gust 1949²⁷⁷.

³ If the of­fend­er ex­er­cises a de­cis­ive in­flu­ence with­in the or­gan­isa­tion, he or she shall be li­able to a cus­todi­al sen­tence of not less than three years.

⁴ The court has the dis­cre­tion to mit­ig­ate the pen­alty im­posed
(Art. 48a) if the of­fend­er makes an ef­fort to foil the activ­it­ies of the or­gan­isa­tion.

⁵ The fore­go­ing pen­al­ties also ap­ply to any per­son who com­mits the of­fence out­side Switzer­land provided the or­gan­isa­tion car­ries out or in­tends to carry out its crim­in­al activ­it­ies wholly or partly in Switzer­land. Art­icle 7 para­graphs 4 and 5 ap­plies.

Any per­son who sells, hires, gifts, hands over or pro­cures fire­arms, weapons pro­hib­ited by law, es­sen­tial com­pon­ents of weapons, weapons ac­cessor­ies, am­muni­tion or com­pon­ents of am­muni­tion, al­though he knows or must as­sume that the weapons are in­ten­ded to be used to com­mit a felony or mis­de­mean­our shall be li­able, provided his activ­it­ies do not con­sti­tute a more ser­i­ous of­fence, to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.²⁷⁹

¹ Any per­son who col­lects or provides funds with a view to fin­an­cing a vi­ol­ent crime that is in­ten­ded to in­tim­id­ate the pub­lic or to co­erce a state or in­ter­na­tion­al or­gan­isa­tion in­to car­ry­ing out or not car­ry­ing out an act shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

² If the per­son merely ac­know­ledges the pos­sib­il­ity that the funds may be used to fin­ance ter­ror­ism, he is not li­able to a pen­alty un­der this Art­icle.

³ The act does not con­sti­tute the fin­an­cing of a ter­ror­ist of­fence if it is car­ried out with a view to es­tab­lish­ing or re-es­tab­lish­ing a demo­crat­ic re­gime or a state gov­erned by the rule of law or with a view to ex­er­cising or safe­guard­ing hu­man rights.

⁴ Para­graph 1 does not ap­ply if the fin­an­cing is in­ten­ded to sup­port acts that do not vi­ol­ate the rules of in­ter­na­tion­al law on the con­duct of armed con­flicts.

¹ Any per­son who, with a view to com­mit­ting a vi­ol­ent felony aimed at in­tim­id­at­ing the pop­u­la­tion or co­er­cing a State or an in­ter­na­tion­al or­gan­isa­tion to act or re­frain from act­ing,

a.

re­cruits an­oth­er per­son to com­mit or par­ti­cip­ate in such an of­fence;

b.

ac­cepts train­ing or trains oth­ers in the man­u­fac­ture or use of weapons, ex­plos­ives, ra­dio­act­ive ma­ter­i­als, pois­on­ous gases or oth­er devices or dan­ger­ous sub­stances for the pur­pose of com­mit­ting or par­ti­cip­at­ing in the com­mis­sion of such an of­fence; or

c.

travels abroad with the in­ten­tion of com­mit­ting, par­ti­cip­at­ing in or train­ing for such an of­fence

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

² The same pen­alty shall ap­ply to any per­son who col­lects or provides as­sets with the in­ten­tion of fin­an­cing a jour­ney in ac­cord­ance with para­graph 1 let­ter c, or any per­son who or­gan­ises or re­cruits oth­ers to make such a jour­ney.

³ Any per­son who car­ries out any of the fore­go­ing acts out­side Switzer­land shall also be li­able to pro­sec­u­tion if he or she is in Switzer­land and is not ex­tra­dited or if the ter­ror­ist of­fence is to be com­mit­ted in or against Switzer­land. Art­icle 7 para­graphs 4 and 5 ap­ply.

Any per­son who pub­licly and ma­li­ciously in­sults or mocks the re­li­gious con­vic­tions of oth­ers, and in par­tic­u­larly their be­lief in God, or ma­li­ciously de­sec­rates ob­jects of re­li­gious ven­er­a­tion,

any per­son who ma­li­ciously pre­vents, dis­rupts or pub­licly mocks an act of wor­ship, the con­duct of which is guar­an­teed by the Con­sti­tu­tion, or

any per­son who ma­li­ciously de­sec­rates a place or ob­ject that is in­ten­ded for a re­li­gious ce­re­mony or an act of wor­ship the con­duct of which is guar­an­teed by the Con­sti­tu­tion,

shall be li­able to a mon­et­ary pen­alty.²⁸²

Any per­son who pub­licly in­cites hatred or dis­crim­in­a­tion against a per­son or a group of per­sons on the grounds of their race, eth­nic ori­gin, re­li­gion or sexu­al ori­ent­a­tion,

any per­son who pub­licly dis­sem­in­ates ideo­lo­gies that have as their ob­ject the sys­tem­at­ic den­ig­ra­tion or de­fam­a­tion of that per­son or group of per­sons,

any per­son who with the same ob­ject­ive or­gan­ises, en­cour­ages or par­ti­cip­ates in pro­pa­ganda cam­paigns,

any per­son who pub­licly den­ig­rates or dis­crim­in­ates against an­oth­er or a group of per­sons on the grounds of their race, eth­nic ori­gin, re­li­gion or sexu­al ori­ent­a­tion in a man­ner that vi­ol­ates hu­man dig­nity, wheth­er verbally, in writ­ing or pictori­ally, by us­ing ges­tures, through acts of ag­gres­sion or by oth­er means, or any per­son who on any of these grounds denies, trivi­al­ises or seeks jus­ti­fic­a­tion for gen­o­cide or oth­er crimes against hu­man­ity,

any per­son who re­fuses to provide a ser­vice to an­oth­er on the grounds of that per­son’s race, eth­nic ori­gin, re­li­gion or sexu­al ori­ent­a­tion when that ser­vice is in­ten­ded to be provided to the gen­er­al pub­lic,

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

1. Any per­son who de­sec­rates the rest­ing place of a dead per­son,

Any per­son who ma­li­ciously dis­rupts or de­sec­rates a fu­ner­al pro­ces­sion or fu­ner­al ce­re­mony,

Any per­son who de­sec­rates or pub­licly in­sults a dead body,

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

2. Any per­son who re­moves a dead body or part of a dead body or the ashes of a dead per­son against the will of those en­titled thereto shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

¹ Any per­son who is in­cap­able of form­ing crim­in­al in­tent as a res­ult of vol­un­tar­ily in­duced in­tox­ic­a­tion through al­co­hol or drugs, and while in this state com­mits an act pun­ish­able as a felony or mis­de­mean­our shall be li­able to a mon­et­ary pen­alty.²⁸⁴

² If the of­fend­er has, in this self-in­duced state, com­mit­ted an act for which the only pen­alty is a cus­todi­al sen­tence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.²⁸⁵

¹ The pen­alty is a cus­todi­al sen­tence of life or a cus­todi­al sen­tence of not less than ten years for any per­son who with the in­tent to des­troy, in whole or in part, a group of per­sons char­ac­ter­ised by their na­tion­al­ity, race, re­li­gion or eth­nic, so­cial or polit­ic­al af­fil­i­ation:

a.

kills mem­bers of such a group, or ser­i­ously harms them phys­ic­ally or men­tally;

b.

in­flicts liv­ing con­di­tions on mem­bers of such a group that are cal­cu­lated to bring about its total or par­tial de­struc­tion;

c.

or­ders or takes meas­ures that are dir­ec­ted to­wards pre­vent­ing births with­in such a group; or

d.

for­cibly trans­fers chil­dren in such a group to an­oth­er group or ar­ranges for such chil­dren to be for­cibly trans­ferred to an­oth­er group

¹ The pen­alty is a cus­todi­al sen­tence of not less than five years for any per­son who, as part of a wide­spread or sys­tem­at­ic at­tack dir­ec­ted against any ci­vil­ian pop­u­la­tion:

a.

in­ten­tion­ally kills an­oth­er per­son;

b.

in­ten­tion­ally kills a num­ber of per­sons or in­ten­tion­ally in­flicts con­di­tions of life cal­cu­lated to bring about the de­struc­tion of all or part of the pop­u­la­tion;

c.

as­sumes and ex­er­cises a right of own­er­ship over a per­son, in par­tic­u­lar in the form of traf­fick­ing in per­sons, sexu­al ex­ploit­a­tion or forced la­bour;

d.

severely de­prives a per­son of his or her liberty in vi­ol­a­tion of the fun­da­ment­al rules of in­ter­na­tion­al law;

e.

and with the in­ten­tion of re­mov­ing a per­son from the pro­tec­tion of the law for a pro­longed peri­od of time:

1.

on be­half of or with the ac­qui­es­cence of a State or polit­ic­al or­gan­isa­tion, de­prives that per­son of his or her liberty, and there­after re­fuses to give in­form­a­tion on his or her fate or where­abouts, or

2.

on be­half of or with the ac­qui­es­cence of a State or polit­ic­al or­gan­isa­tion or in vi­ol­a­tion of a leg­al duty re­fuses to give in­form­a­tion on the fate or where­abouts of the per­son con­cerned;

f.

in­flicts severe pain or suf­fer­ing or ser­i­ous in­jury, wheth­er phys­ic­al or men­tal, on a per­son in his or her cus­tody or un­der his or her con­trol;

g.

rapes a per­son of the fe­male gender or, after she has been for­cibly made preg­nant, con­fines her un­law­fully with the in­tent of af­fect­ing the eth­nic com­pos­i­tion of a pop­u­la­tion, forces a per­son to tol­er­ate a sexu­al act of com­par­able sever­ity or forces a per­son in­to pros­ti­tu­tion or to be ster­il­ised;

h.

ex­pels or by oth­er co­er­cive acts dis­places per­sons from an area in which they are law­fully present;

i.

in vi­ol­a­tion of in­ter­na­tion­al law and for polit­ic­al, ra­cist, eth­nic, re­li­gious, so­cial or oth­er reas­ons, severely denies or de­prives a group of people of fun­da­ment­al rights in con­nec­tion with an of­fence un­der Title Twelve^bis or Title Twelve^ter or for the pur­pose of the sys­tem­at­ic op­pres­sion or dom­in­a­tion of an eth­nic group;

j.

com­mits any oth­er act of a com­par­able ser­i­ous­ness to the felon­ies men­tioned in this para­graph and thereby causes severe pain or suf­fer­ing or ser­i­ous in­jury, wheth­er phys­ic­al or men­tal, to a per­son.

²In es­pe­cially ser­i­ous cases, and in par­tic­u­lar where the of­fence af­fects a num­ber of per­sons or the of­fend­er acts in a cruel man­ner, a cus­todi­al sen­tence of life may be im­posed.

³In less ser­i­ous cases un­der para­graph 1 let­ters c–j, a cus­todi­al sen­tence of not less than one year may be im­posed.