Swiss Criminal Code

¹ A per­son who car­ries out an act un­der Title Twelve^bis, Title Twelve^ter or Art­icle 264k while abroad is guilty of an of­fence if he is in Switzer­land and is not ex­tra­dited to an­oth­er State or de­livered to an in­ter­na­tion­al crim­in­al court whose jur­is­dic­tion is re­cog­nised by Switzer­land.

² Where the vic­tim of the act car­ried out abroad is not Swiss and the per­pet­rat­or is not Swiss, the pro­sec­u­tion, with the ex­cep­tion of meas­ures to se­cure evid­ence, may be aban­doned or may be dis­pensed with provided:

a.

a for­eign au­thor­ity or an in­ter­na­tion­al crim­in­al court whose jur­is­dic­tion is re­cog­nised by Switzer­land is pro­sec­ut­ing the of­fence and the sus­pec­ted per­pet­rat­or is ex­tra­dited or de­livered to the court; or

b.

the sus­pec­ted per­pet­rat­or is no longer in Switzer­land and is not ex­pec­ted to re­turn there.

³ Art­icle 7 para­graphs 4 and 5 ap­plies un­less the ac­quit­tal, or the re­mis­sion or ap­plic­a­tion of time lim­its for the ex­e­cu­tion of the sen­tence abroad has the aim of pro­tect­ing the of­fend­er from pun­ish­ment without jus­ti­fic­a­tion.