Swiss Criminal Code

¹ Any per­son who com­mits a felony or mis­de­mean­our abroad that Switzer­land is ob­liged to pro­sec­ute in terms of an in­ter­na­tion­al con­ven­tion is sub­ject to this Code provided:

a.

the act is also li­able to pro­sec­u­tion at the place of com­mis­sion or no crim­in­al law jur­is­dic­tion ap­plies at the place of com­mis­sion; and

b.

the per­son con­cerned re­mains in Switzer­land and is not ex­tra­dited to the for­eign coun­try.

² The court de­term­ines the sen­tence so that over­all the per­son con­cerned is not treated more severely than would have been the case un­der the law at the place of com­mis­sion.

³ Un­less the of­fence in­volves a gross vi­ol­a­tion of the prin­ciples of the Fed­er­al Con­sti­tu­tion and of the ECHR¹¹, the per­son con­cerned is not li­able to fur­ther pro­sec­u­tion in Switzer­land if:

a.

he has been ac­quit­ted of the of­fence abroad in a leg­ally bind­ing judg­ment;

b.

the sen­tence that was im­posed abroad has been served, re­mit­ted, or be­come time-barred.

⁴ If the per­son con­cerned has been con­victed of the of­fence abroad and if the sen­tence im­posed abroad has been partly served, the court shall take the part served in­to ac­count in the sen­tence to be im­posed. The court de­cides wheth­er a meas­ure ordered abroad but only partly ex­ecuted there must be con­tin­ued or taken in­to ac­count in the sen­tence im­posed in Switzer­land.