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Swiss Criminal Code

of 21 December 1937 (Status as of 22 November 2022)

Art. 164

Re­duc­tion of as­sets to the pre­ju­dice of cred­it­ors

 

1. Any debt­or who re­duces his as­sets to the det­ri­ment of his cred­it­ors by

dam­aging, des­troy­ing or re­du­cing the value of any as­sets or ren­der­ing them un­us­able,

dis­pos­ing of any as­sets for no con­sid­er­a­tion or for a con­sid­er­a­tion that is clearly neg­li­gible in value,

or by waiv­ing, without ma­ter­i­al grounds, any rights which may ac­crue there­on or by re­noun­cing rights for no con­sid­er­a­tion,

shall be li­able, if bank­ruptcy pro­ceed­ings are com­menced against him or a cer­ti­fic­ate of un­sat­is­fied claims has been is­sued in his re­spect, to a cus­todi­al sen­tence not ex­ceed­ing five years or to a mon­et­ary pen­alty.

2. Sub­ject to the same re­quire­ments, any third party who car­ries out any of the fore­go­ing acts to the pre­ju­dice of cred­it­ors shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty..