Swiss Criminal Code

¹ Un­less the law ex­pressly provides oth­er­wise, a per­son is only li­able to pro­sec­u­tion for a felony or mis­de­mean­our if he com­mits it wil­fully.

² A per­son com­mits a felony or mis­de­mean­our wil­fully if he car­ries out the act in the know­ledge of what he is do­ing and in ac­cord­ance with his will. A per­son acts wil­fully as soon as he re­gards the real­isa­tion of the act as be­ing pos­sible and ac­cepts this.

³ A per­son com­mits a felony or mis­de­mean­our through neg­li­gence if he fails to con­sider or dis­reg­ards the con­sequences of his con­duct due to a culp­able lack of care. A lack of care is culp­able if the per­son fails to ex­er­cise the care that is in­cum­bent on him in the cir­cum­stances and com­men­sur­ate with his per­son­al cap­ab­il­it­ies.