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Swiss Criminal Code

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

of 21 December 1937 (Status as of 1 January 2022)

Art. 19

Ab­sence of leg­al re­spons­ib­il­ity due to a men­tal dis­order and di­min­ished re­spons­ib­il­ity

 

1 If the per­son con­cerned was un­able at the time of the act to ap­pre­ci­ate that his act was wrong or to act in ac­cord­ance with this ap­pre­ci­ation of the act, he is not li­able to a pen­alty.

2 If the per­son con­cerned was only par­tially able at the time of the act to ap­pre­ci­ate that his act was wrong or to act in ac­cord­ance with this ap­pre­ci­ation of the act, the court shall re­duce the sen­tence.

3 Meas­ures in ac­cord­ance with Art­icles 59–61, 63, 64, 67, 67b and 67e may, however, be taken.15

4 If it was pos­sible for the per­son con­cerned to avoid his state of men­tal in­ca­pa­city or di­min­ished re­spons­ib­il­ity and had he done so to fore­see the act that may be com­mit­ted in that state, para­graphs 1–3 do not ap­ply.

15 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).