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


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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.68

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.69

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.

68 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).

69 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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