Swiss Criminal Code

¹ The court de­term­ines the sen­tence ac­cord­ing to the culp­ab­il­ity of the of­fend­er. It takes ac­count of the pre­vi­ous con­duct and the per­son­al cir­cum­stances of the of­fend­er as well as the ef­fect that the sen­tence will have on his life.

² Culp­ab­il­ity is as­sessed ac­cord­ing to the ser­i­ous­ness of the dam­age or danger to the leg­al in­terest con­cerned, the rep­re­hens­ib­il­ity of the con­duct, the of­fend­er's motives and aims, and the ex­tent to which the of­fend­er, in view of the per­son­al and ex­tern­al cir­cum­stances, could have avoided caus­ing the danger or dam­age.