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Swiss Criminal Code

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

Art. 267

Dip­lo­mat­ic treas­on

 

1. Any per­son who wil­fully makes known or makes ac­cess­ible to a for­eign state or its agents or to the gen­er­al pub­lic a secret, the pre­ser­va­tion of which is ne­ces­sary in the in­terests of the Con­fed­er­a­tion,306

any per­son who fals­i­fies, des­troys, dis­poses of or steals doc­u­ments or evid­ence re­lat­ing to leg­al re­la­tions between the Con­fed­er­a­tion or a can­ton and a for­eign state and thus en­dangers the in­terests of the Con­fed­er­a­tion or the can­ton, or

any per­son who, as the au­thor­ised rep­res­ent­at­ive of the Con­fed­er­a­tion, con­ducts ne­go­ti­ations with a for­eign gov­ern­ment which are in­ten­ded to be det­ri­ment­al to the Con­fed­er­a­tion,

shall be li­able to a cus­todi­al sen­tence of not less than one year.

2. Any per­son who wil­fully makes known or makes ac­cess­ible to the gen­er­al pub­lic a secret, the pre­ser­va­tion of which is ne­ces­sary in the in­terests of the Con­fed­er­a­tion shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.307

3. If the per­son con­cerned acts through neg­li­gence, the pen­alty is a cus­todi­al sen­tence not ex­ceed­ing three years or a mon­et­ary pen­alty.308

306 Amended by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852856; BBl 1996 IV 525).

307 In­ser­ted by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852856; BBl 1996 IV 525).

308 Ori­gin­ally No 2.