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Art. 74 Organisation ban
1 The Federal Council may ban an organisation or group that directly or indirectly propagates, supports or otherwise promotes terrorist or violent-extremist activities and thus poses a specific threat to internal or external security. 2 A ban shall be based on a United Nations resolution on a ban or on sanctions; the Federal Council shall consult the committees responsible for security policy.44 3 A ban may be imposed for a maximum of five years. If the requirements are still met on expiry of this period, the ban may be extended for a maximum of five further years. 4 Any person who on Swiss territory participates in an organisation or group banned under paragraph 1, supports it by providing human or other resources, organises propaganda campaigns for its aims, recruits for it or in any other way promotes its activities shall, be liable to a custodial sentence not exceeding five years or to a monetary penalty.45 4bis The court may reduce the penalty in accordance with paragraph 4 (Art. 48aSCC46) if the offender makes an effort to foil the further activities of the organisation or group.47 5 It is an offence for any person to commit the foregoing offence outside Switzerland if that person is arrested in Switzerland and not extradited. Article 7 paragraphs 4 and 5 SCC48 applies. 6 The prosecution and adjudication of acts under paragraphs 4 and 5 are subject to federal jurisdiction.49 7 The responsible authorities shall notify the FIS of any judgments, penalty orders and decisions to dismiss proceedings immediately and free of charge, providing copies of all related documents.50 44 Amended by Annex No II 1 of the FA of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). 45 Amended by Annex No II 1 of the FA of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). 47 Inserted by Annex No II 1 of the FA of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). 49 Amended by Annex No II 1 of the FA of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). 50 Amended by Annex No II 1 of the FA of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427). |