Swiss Criminal Code

¹ This Code also ap­plies to any per­son who is in Switzer­land, is not be­ing ex­tra­dited and has com­mit­ted any of the fol­low­ing of­fences abroad:

a.⁷

traf­fick­ing in hu­man be­ings (Art. 182), in­de­cent as­sault (Art. 189), rape (Art. 190), sexu­al acts with a per­son in­cap­able of prop­er judg­ment or res­ist­ance (Art. 191) or en­cour­aging pros­ti­tu­tion (Art. 195) if the vic­tim was less than 18 years of age;

a^bis.⁸

sexu­al acts with de­pend­ent per­sons (Art. 188) and sexu­al acts with minors against pay­ment (Art. 196);

b.

sexu­al acts with chil­dren (Art. 187) if the vic­tim was less than 14 years of age;

c.⁹

ag­grav­ated por­no­graphy (Art. 197 para. 3 and 4) if the items or per­form­ances de­pict sexu­al acts with minors.

² Un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion and the ECHR¹⁰, 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, re­mit­ted, or be­come time-barred.

³ If 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.