Swiss Criminal Code

¹Any per­son who com­mits a felony or mis­de­mean­our abroad where the re­quire­ments of Art­icles 4, 5 or 6 are not ful­filled is sub­ject to this Code if:

a.

the of­fence is also li­able to pro­sec­u­tion at the place of com­mis­sion or the place of com­mis­sion is not sub­ject to crim­in­al law jur­is­dic­tion;

b.

the per­son con­cerned is in Switzer­land or is ex­tra­dited to Switzer­land due to the of­fence; and

c.

un­der Swiss law ex­tra­di­tion is per­mit­ted for the of­fence, but the per­son con­cerned is not be­ing ex­tra­dited.

²If the per­son con­cerned is not Swiss and if the felony or mis­de­mean­our was not com­mit­ted against a Swiss per­son, para­graph 1 is ap­plic­able only if:

a.

the re­quest for ex­tra­di­tion was re­fused for a reas­on un­re­lated to the nature of the of­fence; or

b.

the of­fend­er has com­mit­ted a par­tic­u­larly ser­i­ous felony that is pro­scribed by the in­ter­na­tion­al com­munity.

³The court shall de­term­ine the sen­tence so that over­all the per­son con­cerned is not treated more severely than would have been the case un­der the law at the place of com­mis­sion.

⁴Un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion and the ECHR¹, the per­son con­cerned is not li­able to fur­ther pro­sec­u­tion in Switzer­land for the of­fence if:

a.

he has been ac­quit­ted of the of­fence abroad in a leg­ally bind­ing judg­ment;

b.

the sen­tence that was im­posed abroad has been served, waived, or has pre­scribed.

⁵If the per­son con­cerned has been con­victed of the of­fence abroad and if the sen­tence im­posed abroad has been partly served, the court shall take the part served in­to ac­count in the sen­tence to be im­posed. The court de­cides wheth­er a meas­ure ordered abroad but only partly ex­ecuted there must be con­tin­ued or taken in­to ac­count in the sen­tence im­posed in Switzer­land.