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Swiss Criminal Code

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

Art. 48

2. Mit­ig­a­tion of the sen­tence

Grounds

 

The court shall re­duce the sen­tence if:

a.
the of­fend­er ac­ted:
1.
for hon­our­able motives,
2.
while in ser­i­ous dis­tress,
3.
while of the view that he was un­der ser­i­ous threat,
4.
at the be­hest of a per­son whom he was duty bound to obey or on whom he was de­pend­ent;
b.
the of­fend­er was ser­i­ously pro­voked by the con­duct of the per­son suf­fer­ing in­jury;
c.
the of­fend­er ac­ted in a state of ex­treme emo­tion that was ex­cus­able in the cir­cum­stances or while un­der ser­i­ous psy­cho­lo­gic­al stress;
d.
the of­fend­er has shown genu­ine re­morse, and in par­tic­u­lar has made re­par­a­tion for the in­jury, dam­age or loss caused, in­so­far as this may reas­on­ably be ex­pec­ted of him;
e.
the need for pun­ish­ment has been sub­stan­tially re­duced due to the time that has elapsed since the of­fence and the of­fend­er has been of good con­duct in this peri­od.