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Swiss Criminal Code

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

Art. 305

As­sist­ing of­fend­ers

 

1 Any per­son who as­sists an­oth­er to evade pro­sec­u­tion, the ex­e­cu­tion of a sen­tence, or the ex­e­cu­tion of any of the meas­ures provided for in Art­icles 59–61, 63 and 64347 shall be li­able to a cus­todi­al sen­tence not ex­ceed­ing three years or to a mon­et­ary pen­alty.

1bis Any per­son who as­sists a per­son who is be­ing pro­sec­uted or has been con­victed out­side Switzer­land in re­spect of a felony in ac­cord­ance with Art­icle 101 to evade pro­sec­u­tion or the ex­e­cu­tion of a cus­todi­al sen­tence or a meas­ure with­in the mean­ing of Art­icles 59–61, 63 or 64 in that place shall be li­able to the same pen­al­ties as in para­graph 1.348

2 The court may waive the im­pos­i­tion of a pen­alty where the per­son com­mit­ting an of­fence in terms of this Art­icle is so closely re­lated to the per­son re­ceiv­ing his as­sist­ance that his con­duct is ex­cus­able.

347 Part of sen­tence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 34593535; BBl 1999 1979).

348In­ser­ted by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 15301534; BBl 1980 I 1241).