Federal Act
on the Promotion of Research and Innovation
(RIPA)

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

of 14 December 2012 (Status as of 15 April 2021)


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Art. 38 Repayment in the case of a breach of duty

1 Re­search fund­ing in­sti­tu­tions shall de­mand the re­pay­ment of the funds which they have gran­ted if these have been wrong­fully paid out or if the re­cip­i­ent has not ful­filled his ob­lig­a­tions des­pite hav­ing been re­minded to do so.

2 The right to de­mand re­pay­ment shall pre­scribe three years from the time that the donor be­comes aware of it, and in any case ten years from the time that the right is cre­ated.43

2bis If the re­cip­i­ent has com­mit­ted a crim­in­al of­fence through his or her con­duct, the right to de­mand re­pay­ment pre­scribes at the earli­est when the right to pro­sec­ute the of­fence pre­scribes. If the right to pro­sec­ute is no longer li­able to pre­scrip­tion be­cause a first in­stance crim­in­al judg­ment has been is­sued, the right to de­mand re­pay­ment pre­scribes at the earli­est three years after no­tice of the judg­ment is giv­en.44

3 Re­search fund­ing in­sti­tu­tions shall use re­paid funds for tasks as­signed to them by the Con­fed­er­a­tion. They shall provide in­form­a­tion on this in their an­nu­al re­ports.

43 Amended by No 5 of the FA of 15 June 2018 (Re­vi­sion of the Law on Pre­scrip­tion), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).

44 In­ser­ted by No 5 of the FA of 15 June 2018 (Re­vi­sion of the Law on Pre­scrip­tion), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).

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