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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. 263

Com­mit­ting an of­fence while in a state of vol­un­tar­ily in­duced men­tal in­ca­pa­city

 

1 Any per­son who is in­cap­able of form­ing crim­in­al in­tent as a res­ult of vol­un­tar­ily in­duced in­tox­ic­a­tion through al­co­hol or drugs, and while in this state com­mits an act pun­ish­able as a felony or mis­de­mean­our shall be li­able to a mon­et­ary pen­alty.284

2 If the of­fend­er has, in this self-in­duced state, com­mit­ted an act for which the only pen­alty is a cus­todi­al sen­tence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.285

284 Pen­al­ties re­vised by No II 1 of the FA of 19 June 2015 (Amend­ment to the Law on Crim­in­al Sanc­tions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

285 Amended by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 34593535; BBl 1999 1979).