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