Swiss Criminal Code

¹Any per­son who with a view to his own or an­oth­er's un­law­ful gain, by the in­cor­rect, in­com­plete or un­au­thor­ised use of data, or in a sim­il­ar way, in­flu­ences the elec­tron­ic or sim­il­ar pro­cessing or trans­mis­sion of data and as a res­ult causes the trans­fer of fin­an­cial as­sets, thus oc­ca­sion­ing loss to an­oth­er, or im­me­di­ately there­after con­ceals such a trans­fer is li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

²If the of­fend­er acts for com­mer­cial gain, he is li­able to a cus­todi­al sen­tence not ex­ceed­ing ten years or to a mon­et­ary pen­alty of not less than 90 daily pen­alty units.

³Com­puter fraud to the det­ri­ment of a re­l­at­ive or fam­ily mem­ber is pro­sec­uted only on com­plaint.