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. 67
2. Prohibition from carrying on an activity, contact prohibition and exclusion order a. Prohibition from carrying on an activity, requirements 1If a person has committed a felony or misdemeanour while carrying on a professional activity or an organised non-professional activity, and has as a result received a custodial sentence in excess of six months, and if there is a risk that he will abuse his activity in order to commit a further felony or misdemeanour, the court may prohibit him totally or partially from carrying on this activity or comparable activities for a period of six months to five years.2 2If a person has committed a felony or misdemeanour against a minor or another especially vulnerable person and if there is a risk that in carrying on a professional activity or an organised non-professional activity that involves regular contact with any minors or with other especially vulnerable persons he will commit further offences of this nature, the court may prohibit him from carrying on the activity concerned for one to ten years. 2bisThe court may impose a lifelong prohibition order under paragraph 2 if is anticipated that the offender will still represent a danger after the period of ten years. At the request of the executive authority, it may extend a prohibition order that is limited in time in terms of paragraph 2 by a maximum of five years on any one occasion if this is deemed necessary to prevent the offender from committing further felonies and misdemeanours of the type that led to the prohibition order.3 3If a person receives a sentence or is made subject to a measure under Articles 59-61, 63 or 64 for any of the following offences, the court shall prohibit him for the rest of his life from carrying on any professional activity or organised non-professional activity that involves regular contact with any minors:
4If a person receives a sentence or is made subject to a measure under Articles 59-61, 63 or 64 for any of the following offences, the court shall prohibit him from carrying on any professional activity or organised non-professional activity that involves regular contact with especially vulnerable adult persons, as well as any professional activity or organised non-professional activity in the health sector that involves direct contact with patients:
4bisBy way of exception, the court may refrain from imposing a prohibition order under paragraph 3 or 4 in particularly minor cases if a prohibition order of this type does not appear necessary to prevent the offender from committing further offences of the same type. The court may not refrain from imposing a prohibition order if the offender:
5If the offender receives a sentence or is made subject to a measure for two or more offences in the same proceedings, the court shall specify what portion of the sentence or which measure applies to an offence that entails an activity prohibition order. This portion of the sentence, the measure and the offence are decisive in determining whether an activity prohibition order under paragraph 1, 2, 2bis, 3 or 4 is imposed. The sentence portions for two or more relevant offences are added together. More than one activity prohibition order may be imposed.7 6The court may order probation assistance for the duration of the prohibition orders.8 1 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). |