Swiss Criminal Code

¹ Any per­son who com­mits a felony or mis­de­mean­our in Switzer­land is sub­ject to this Code.

² If the per­son con­cerned has served a sen­tence in full or in part for the of­fence in an­oth­er coun­try, the Swiss court must take the sen­tence served in­to ac­count in de­term­in­ing the sen­tence to be im­posed.

³ If the per­son con­cerned has been pro­sec­uted in a for­eign coun­try at the re­quest of the Swiss au­thor­it­ies, then un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion or the Con­ven­tion from 4 Novem­ber 1950⁵ for the pro­tec­tion of Hu­man Rights and Fun­da­ment­al Freedoms (ECHR), he is not pro­sec­uted in Switzer­land for the same of­fence if:

a.

the for­eign court has ac­quit­ted him and the judg­ment has taken full leg­al ef­fect;

b.

the pen­alty to which he had been sen­tenced in the for­eign coun­try has been served, re­mit­ted or be­come time-barred.

⁴ If the per­son pro­sec­uted abroad at the re­quest of the Swiss au­thor­it­ies has not served the sen­tence or has only served it in part, the whole sen­tence or the re­mainder shall be served in Switzer­land. The court de­cides wheth­er a meas­ure that has not been ex­ecuted abroad or has only been served in part must be ex­ecuted or con­tin­ued in Switzer­land.