text: 311.0English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.Swiss Criminal Codeof 21 December 1937 (Status as of 1 January 2022)The Federal Assembly the Swiss Confederation,based on Article 123 paragraphs 1 and 3 of the Federal Constitution1,2and having considered a Federal Council Dispatch dated 23 July 19183,decrees:1 [BS 1 3]. The said provision now corresponds to Art. 123 of the Federal Constitution of 18 April 1999 (SR 101).2 Amended by No I of the FA of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).3 BBl 1918 IV 1Book One:4 General Provisions 4 Amended by No I of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Part One: Felonies and Misdemeanour2743s Title One: Scope of Application 1. No penalty without a law Art. 1 A penalty or measure may only be imposed for an act that has been expressly declared to be an offence by law.2. Commencement of applicability of the Code Art. 2 1 This Code applies to any person who commits a felony or misdemeanour following the date on which it comes into force.2 Any person who commits a felony or misdemeanour prior to this Code coming into force is only subject to its terms in the event that the penalty hereunder is less than the penalty that would otherwise apply.3. Territorial scope of application Felonies or misdemeanours in Switzerland Art. 3 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.5 SR 0.101Felonies or misdemeanours against the state committed abroad  Art. 4 1 This Code also applies to any person who commits a felony or misdemeanour against the state or its national security (Art. 265–278).2 If the person concerned has been convicted of the offence and has served the sentence in full or in part in another country, the court shall take the sentence served into account in determining the sentence to be imposed.Offences against minors abroad6 6 Expression amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013  (AS 2011 725; BBl 2006 7001). This amendment has been made throughout the text.Art. 5 1 This Code also applies to any person who is in Switzerland, is not being extradited and has committed any of the following offences abroad:a.7 trafficking in human beings (Art. 182), indecent assault (Art. 189), rape (Art. 190), sexual acts with a person incapable of proper judgment or resistance (Art. 191) or encouraging prostitution (Art. 195) if the victim was less than 18 years of age;abis.8 sexual acts with dependent persons (Art. 188) and sexual acts with minors against payment (Art. 196);b. sexual acts with children (Art. 187) if the victim was less than 14 years of age;c.9 aggravated pornography (Art. 197 para. 3 and 4) if the items or performances depict sexual acts with minors.2 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR10, the person concerned is not liable to further prosecution in Switzerland for the offence 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.3 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.7 Amended by Art. 2 No 1 of the Federal Decree of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).8 Inserted by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).9 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).10 SR 0.101Offences committed abroad prosecuted in terms of an international obligation Art. 6 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; andb. 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.11 SR 0.101Other offences committed abroad Art. 7 1 Any person who commits a felony or misdemeanour abroad where the requirements of Articles 4, 5 or 6 are not fulfilled is subject to this Code if:a. the offence is also liable to prosecution at the place of commission or the place of commission is not subject to criminal law jurisdiction;b. the person concerned is in Switzerland or is extradited to Switzerland due to the offence; andc. under Swiss law extradition is permitted for the offence, but the person concerned is not being extradited.2 If the person concerned is not Swiss and if the felony or misdemeanour was not committed against a Swiss person, paragraph 1 is applicable only if:a. the request for extradition was refused for a reason unrelated to the nature of the offence; orb. the offender has committed a particularly serious felony that is proscribed by the international community.3 The court shall determine 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.4 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR12, the person concerned is not liable to further prosecution in Switzerland for the offence 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.5 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.12 SR 0.101Place of commission Art. 8 1 A felony or misdemeanour is considered to be committed at the place where the person concerned commits it or unlawfully omits to act, and at the place where the offence has taken effect2 An attempted offence is considered to be committed at the place where the person concerned attempted it and at the place where he intended the offence to take effect.4. Personal scope of application Art. 9 1 This Code does not apply to persons whose offences are subject to military criminal law.2 For persons who have not attained the age of 18 at the time of the offence, the provisions of the Juvenile Criminal Law Act of 20 June 200313 (JCLA) are reserved. Where an offence committed before and after attaining the age of 18 must be judged, Article 3 paragraph 2 JCLA applies.1413 SR 311.114 Amended by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003, in force since 1 Jan. 2007 (AS 2006 3545; BBl 1999 1979).Title Two: Criminal Liability 1. Felonies and misdemeanours Definition Art. 10 1 In this Code, felonies are distinguished from misdemeanours according to the severity of the penalties that the offence carries.2 Felonies are offences that carry a custodial sentence of more than three years.3 Misdemeanours are offences that carry a custodial sentence not exceeding three years or a monetary penalty.Commission by omission Art. 11 1 A felony or misdemeanour may also be committed by a failure to comply with a duty to act.2 A person fails to comply with a duty to act if he does not prevent a legal interest protected under criminal law from being exposed to danger or from being harmed even though, due to his legal position, he has a duty to do so, in particular on the basis of:a. the law;b. a contract;c. a risk-bearing community entered into voluntarily; ord. the creation of a risk.3 Any person who fails to comply with a duty to act shall be liable to prosecution only if, on the basis of the elements of the offence concerned, his conduct is, in the circumstances, as culpable as it would have been had he actively committed the offence.4 The court may reduce the sentence.2. Intention and negligence Definitions Art. 12 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.Error of fact Art. 13 1 If the person concerned acts under an erroneous belief as to the circumstances, the court shall judge the act according to the circumstances as the offender believed them to be.2 If the person concerned could have avoided the error had he exercised due care, he shall be liable to prosecution for his negligent act provided the negligent commission of the act is an offence.3. Lawful acts and guilt Act permitted by law Art. 14 Any person who acts as required or permitted by the law, acts lawfully even if the act carries a penalty under this Code or another Act.Legitimate self-defence Art. 15 If any person is unlawfully attacked or threatened with imminent attack, the person attacked and any other person are entitled to ward off the attack by means that are reasonable in the circumstances.Mitigatory self-defence Art. 16 1 If a person in defending himself exceeds the limits of self-defence as defined in Article 15 and in doing so commits an offence, the court shall reduce the sentence.2 If a person in defending himself exceeds the limits of self-defence as a result of excusable excitement or panic in reaction to the attack, he does not commit an offence.Legitimate act in a situation of necessity Art. 17 Any person who carries out an act that carries a criminal penalty in order to save a legal interest of his own or of another from immediate and not otherwise avertable danger, acts lawfully if by doing so he safeguards interests of higher value.Mitigatory act in a situation of necessity Art. 18 1 Any person who carries out an act that carries a criminal penalty in order to save himself or another from immediate and not otherwise avertable danger to life or limb, freedom, honour, property or other interests of high value shall receive a reduced penalty if he could reasonably have been expected to abandon the endangered interest.2 If the person concerned could not have been reasonably expected to abandon the endangered interest, he does not commit an offence.Absence of legal responsibility due to a mental disorder and diminished responsibility Art. 19 1 If the person concerned was unable at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, he is not liable to a penalty.2 If the person concerned was only partially able at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, the court shall reduce the sentence.3 Measures in accordance with Articles 59–61, 63, 64, 67, 67b and 67e may, however, be taken.154 If it was possible for the person concerned to avoid his state of mental incapacity or diminished responsibility and had he done so to foresee the act that may be committed in that state, paragraphs 1–3 do not apply.15 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055;  BBl 2012 8819).Doubt as to legal responsibility  Art. 20 If there are serious grounds for believing that the accused may not be legally responsible due to a mental disorder, the investigating authority or the court shall order a specialist report from an expert.Error as to unlawfulness Art. 21 Any person who is not and cannot be aware that, by carrying out an act, he is acting unlawfully, does not commit an offence. If the error was avoidable, the court shall reduce the sentence.4. Attempts Criminal liability for attempts Art. 22 1 If, having embarked on committing a felony or misdemeanour, the offender does not complete the criminal act or if the result required to complete the act is not or cannot be achieved, the court may reduce the penalty.2 If the offender fails to recognise through a serious lack of judgement that the act cannot under any circumstances be completed due to the nature of the objective or the means used to achieve it, no penalty is imposed.Withdrawal and active repentance Art. 23 1 If the person concerned of his own accord does not complete the criminal act or if he assists in preventing the completion of the act, the court may reduce the sentence or waive any penalty.2 If two or more persons carry out or participate in a criminal act, the court may reduce the sentence or waive any penalty in respect of any person concerned who, of his own accord, assists in preventing the completion of the act.3 The court may also reduce the sentence or waive any penalty in respect of a person who withdraws from carrying out or participating in a criminal act if the withdrawal of the person concerned would have prevented the completion of the act had it not remained uncompleted for other reasons.4 If one or more of the persons carrying out or participating in a criminal act makes a serious effort to prevent the completion of the act, the court may reduce the sentence or waive any penalty if an offence is committed irrespective of the efforts of that person or persons.5. Participation Incitement Art. 24 1 Any person who has wilfully incited another to commit a felony or a misdemeanour, provided the offence is committed, incurs the same penalty as applies to the person who has committed the offence.2 Any person who attempts to incite someone to commit a felony incurs the penalty applicable to an attempt to commit that felony.Complicity Art. 25 Any person who wilfully assists another to commit a felony or a misdemeanour shall be liable to a reduced penalty.Participation in a special offence Art. 26 If criminal liability is established or increased by a special obligation on the part of the offender, a participant shall be liable to a reduced penalty.Personal circumstances Art. 27 Special personal conditions, characteristics and circumstances that increase, reduce or exclude criminal liability are taken into account in the case offenders or participants to which they apply.6. Criminal liability of the media Art. 28 1 If an offence is committed and completed through publication in a medium, then, subject to the following provisions, only the author shall be liable to prosecution.2 If the author cannot be identified or if he cannot be brought to court in Switzerland, then the editor responsible in accordance with Article 322bis shall be liable to prosecution. If there is no responsible editor, then the person responsible for publication in accordance with Article 322bis shall be liable for prosecution.3 If the publication has taken place without the knowledge or against the will of the author, then the editor or, in his absence, the person responsible for publication shall be liable to prosecution as the offender.4 The accurate reporting of public talks and official communications from a public authority may not be made subject to prosecution.Protection of sources Art. 28a 1 If persons who are professionally involved in the publication of information in the editorial section of a periodical medium or their auxiliary personnel refuse to give evidence as to the identity of the author or as to the content and sources of their information, they are not liable to any penalty nor to any procedural law enforcement measures.2 Paragraph 1 does not apply if the court holds that:a. the evidence is required in order to save a person from immediate danger to life or limb; orb.16 without the evidence, a case of homicide under Articles 111–113 or a different felony that carries a minimum custodial sentence of three years, or an offence under Articles 187, 189–191, 197 paragraph 4, 260ter, 260quinquies, 260sexies,305bis, 305ter or 322ter–322septies of this Code or under Article 19 paragraph 2 of the Narcotics Act of 3 October 195117 will not be solved or the persons suspected of committing the said offence may not be apprehended.16 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021  (AS 2021 360; BBl 2018 6427).17 SR 812.1217. Agency relationships Art. 29 A special obligation, the violation of which establishes or increases criminal liability, and which is incumbent only on the legal entity, the company or the sole proprietorship18, is attributed to a natural person, if that person acts:a. as a governing officer or as a member of a governing officer of a legal entity;b. as a partner;c. as an employee with independent decision-making authority in his field of activity within a legal entity, a company or a sole proprietorship19; ord. without being a governing officer, member of a governing officer, partner or employee, as the de facto manager.18 Footnote relevant to German text only.19 Footnote relevant to German text only.8. Criminal complaint Right to file a complaint Art. 30 1 If an act shall be liable to prosecution only if a complaint is filed, any person who suffers harm due to the act may request that the person responsible be prosecuted.2 If the person suffering harm does not have the legal capacity to act, his legal representative is entitled to file a complaint. If he is under guardianship or subject to a general deputyship, the adult protection authority is also entitled to file a complaint.203 If the person suffering harm is a minor or if he is subject to a general deputyship, he is entitled to file a complaint if he is capable of judgement.214 If the person suffering harm dies without filing the criminal complaint or without expressly waiving his right to file the criminal complaint, his next of kin are entitled to file the complaint.5 If an entitled person expressly waives his right to file a complaint, his waiver is final.20 Second sentence amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).21 Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).Time limit for filing a complaint Art. 31 The right to file a complaint expires after three months. The period begins on the day that the person entitled to file a complaint discovers the identity of suspect.Indivisibility Art. 32 If an entitled person files a complaint against one person who participated in the act, all the participants become liable to prosecution.Withdrawal of a complaint Art. 33 1 The person entitled to file a complaint may withdraw the complaint at any time before notice is given of the judgment of the second cantonal instance.2 Any person who has withdrawn his complaint may not file it again.3 If the entitled person withdraws his complaint against one suspect, the withdrawal applies to all suspects.4 If a suspect objects to the withdrawal of the complaint against him, the withdrawal does not apply to him.Title Three: Sentences and Measures Chapter One: Sentences Section One: Monetary Penalties and Custodial Sentences22 22 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).1. Monetary penalty Assessment Art. 34 1 Unless the law provides otherwise, a monetary penalty amounts to a minimum of three and a maximum of 180 daily penalty units.23 The court decides on the number according to the culpability of the offender.2 A daily penalty unit normally amounts to a minimum of 30 and a maximum of 3000 francs. By way of exception, if the offender’s personal or financial circumstances so require, the value of the daily penalty unit may be reduced to 10 francs. The court decides on the value of the daily penalty unit according to the personal and financial circumstances of the offender at the time of conviction, and in particular according to his income and capital, living expenses, any maintenance or support obligations and the minimum subsistence level.243 The authorities of the Confederation, the cantons and the communes shall provide the information required to determine the daily penalty unit.4 The number and value of the daily penalty units must be stated in the judgment.23 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).24 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Execution Art. 35 1 The executive authority shall specify that the offender make payment within a period of between one and six months.25 It may stipulate payment by instalments and on request may extend the period allowed.2 If there is justified suspicion that the offender will fail to pay the monetary penalty, the executive authority may request immediate payment or the provision of security.3 If the offender fails to pay the monetary penalty within the specified period, the executive authority shall instruct the debt collection proceedings provided their success is expected.25 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Alternative custodial sentence Art. 36 1 In the event that the offender fails to pay the monetary penalty and it is not recoverable through debt collection procedures (Art. 35 para. 3), the offender shall serve a custodial sentence as the alternative to the monetary penalty. A daily penalty unit corresponds to one day in custody. The retrospective payment of the monetary penalty leads to a corresponding reduction in the alternative custodial sentence.2 If the monetary penalty has been imposed by an administrative authority, the court decides on the alternative custodial sentence.3–5 ...2626 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).2. ... Art. 37–3927 27 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).3. Custodial sentence Term Art. 4028 1 The minimum term of a custodial sentence is three days; a shorter custodial sentence in lieu of an unpaid monetary penalty (Art. 36) or fine (Art. 106) is reserved.2 The maximum term of a custodial sentence is 20 years. Where the law expressly provides, the custodial sentence is for life28 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Custodial sentence instead of a monetary penalty Art. 4129 1 The court may impose a custodial sentence instead of a monetary penalty if:a. a custodial sentence appears appropriate in order to prevent the offender from committing further felonies or misdemeanours; orb. it is anticipated that it will not be possible to enforce a monetary penalty.2 The court must explain why it has decided to impose a custodial sentence.3 The right is reserved to impose a custodial sentence instead of an unpaid monetary penalty (Art. 36).29 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Section Two: Suspended and Partially Suspended Sentences 1. Suspended sentences Art. 42 1 The court shall normally suspend the execution of a monetary penalty or a custodial sentence of no more than two years unless an unsuspended sentence appears to be necessary in order to prevent the offender from committing further felonies or misdemeanours.302 If the offender received a suspended or unsuspended custodial sentence of more than six months within the five years prior to the offence, the sentence may only be suspended where the circumstances are especially favourable.313 The suspension of the execution of a sentence may also be refused if the offender has failed to make a reasonable effort to compensate for any loss or damage he may have caused.4 A suspended sentence may be combined with a fine in accordance with Article 106.3230 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).31 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).32 Amended by No I of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).2. Partially suspended custodial sentences33 33 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Art. 43 1 The court may partially suspend the execution of a custodial sentence of at least one year and no more than three years if this is necessary in order to take sufficient account of the culpability of the offender.342 The part of the sentence that must be executed immediately may not exceed one half of the sentence.3 Both the suspended and the unsuspended part must amount to at least six months.35 The provisions on the granting of parole (Art. 86) do not apply to the unsuspended part of the sentence.34 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).35 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).3. General provisions Probationary period Art. 44 1 If the court suspends the execution of a sentence in full or in part, it shall make the offender subject to a probationary period of from two to five years.2 The court may order probation assistance and impose conduct orders for the duration of the probationary period.3 The court shall explain the importance and the consequences of the suspended and partially suspended sentence to the offender.Successful completion of probation Art. 45 If the offender is of good conduct until the expiry of the probationary period, the postponed sentence is not executed.Breach of probation Art. 46 1 If the offender commits a felony or misdemeanour during the probationary period and if it therefore must be expected that he will commit further offences, the court shall revoke the suspended sentence or the suspended part of the sentence. If the revoked sentence and the new sentence are of the same type, they shall form a cumulative sentence in analogous application of Article 49.362 If it is not expected that the offender will commit further offences, the court shall not revoke the suspended sentence. It may admonish the offender or extend the probationary period by up to one half of the duration specified in the judgment. The court may order probation assistance and impose conduct orders for the duration of the extended probationary period. If the extension begins after the expiry of the probationary period, the extended period begins on the day that it is ordered.3 The court that judges the new felony or misdemeanour also decides on revocation.4 If the offender fails to attend for probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 apply.5 Revocation may no longer be ordered if three years have elapsed since the expiry of the probationary period.36 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Section Three: Determination of the Sentence 1. Principle Art. 47 1 The court determines the sentence according to the culpability of the offender. It takes account of the previous conduct and the personal circumstances of the offender as well as the effect that the sentence will have on his life.2 Culpability is assessed according to the seriousness of the damage or danger to the legal interest concerned, the reprehensibility of the conduct, the offender's motives and aims, and the extent to which the offender, in view of the personal and external circumstances, could have avoided causing the danger or damage.2. Mitigation of the sentence Grounds Art. 48 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.Effect Art. 48a 1 If the court chooses to reduce the sentence, it is not bound by the minimum penalty that the offence carries.2 The court may impose a different form of penalty from that which the offence carries, but remains bound by the statutory maximum and minimum levels for that form of penalty.3. Concurrent sentencing Art. 49 1 If the offender, by committing one or more offences, has fulfilled the requirements for two or more penalties of the same form, the court shall impose the sentence for the most serious offence at an appropriately increased level. It may not, however, increase the maximum level of the sentence by more than half, and it is bound by the statutory maximum for that form of penalty.2 If the court must pass sentence on an offence that the offender committed before he was sentenced for a different offence, it shall determine the supplementary penalty so that the offender is not more severely punished than he would have been had the sentences been imposed at the same time.3 If the offender committed one or more offences before reaching the age of 18, the court shall determine the cumulative sentence in accordance with paragraphs 1 and 2 such that it is not more severe than it would have been had sentences been imposed separately.4. Obligation to justify Art. 50 Where a judgment must be justified, the court shall also specify the circumstances taken into account in determining the sentence and their weighting.5. Taking account of time spend on remand Art. 51 When determining the sentence, the court shall take account of any time spent on remand that the offender has served in respect of the proceedings in question or any other proceedings. One day in detention corresponds to one daily penalty unit of a monetary penalty.3737 Second sentence amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Section Four: Exemption from Punishment and the Suspension and Abandonment of Proceedings38 38 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).1. Grounds for exemption from punishment No need for a penalty39 39 Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004  (AS 2004 1403 1407; BBl 2003 1909 1937).Art. 52 The competent authority shall refrain from prosecuting the offender, bringing him to court or punishing him if the level of culpability and consequences of the offence are negligible.Reparation Art. 5340 If the offender has made reparation for the loss, damage or injury or made every reasonable effort to right the wrong that he has caused, the competent authority shall refrain from prosecuting him, bringing him to court or punishing him if:a. a suspended custodial sentence not exceeding one year, a suspended monetary penalty or a fine are suitable as a penalty;b. the interest in prosecution of the general public and of the persons harmed are negligible; andc. the offender has admitted the offence.40 Amended by No I 1 of the FA of 14 Dec. 2018 on the Amendment of Reparation Arrangements, in force since 1 July 2019 (AS 2019 1809; BBl 2018 3757 4925).Effect on the offender of his act Art. 54 If the offender is so seriously affected by the immediate consequences of his act that a penalty would be inappropriate, the responsible authorities shall refrain from prosecuting him, bringing him to court or punishing him.2. General provisions Art. 55 1 The court shall refrain from revoking a suspended sentence and in the case of the parole from a recall if the requirements for an exemption from punishment are met.2 The cantons designate the bodies responsible for the administration of criminal justice as the competent authorities under Articles 52, 53 and 54.3. Suspension and abandonment of proceedings. Spouse, registered partner or life partner as victim41 41 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).Art. 55a42 1 In a case of common assault (Art. 123 no 2 para. 3–5), repeated acts of aggression (Art. 126 para. 2 let. b, bbis and c), threatening behaviour (Art. 180 para. 2) and coercion (Art. 181), the public prosecutor or the court may suspend the proceedings if:43a.44 the victim:1. is the spouse of the offender and the offence was committed during the marriage or within a year of divorce, or2. is the registered partner of the offender and the offence was committed during the registered partnership or within a year of its dissolution, or3. is the hetero- or homosexual partner of the offender or the ex-partner of the offender if they have been separated for less than a year; andb.45 the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done; andc.46 suspension appears appropriate in order to stabilise or improve the victim’s situation.2 The public prosecutor or the court may during the period of suspension require the accused to attend a course on violence prevention. The public prosecutor or the court shall notify the authority or organisation competent under cantonal law for matters relating to domestic violence about the measures taken.473 Suspension is not permitted if:a. the accused has been convicted of a felony or misdemeanour against life and limb, against liberty, or against sexual integrity;b. he or she has received a sentence or been made subject to a measure; andc. the victim of the offence is a person listed in paragraph 1 letter a.484 Suspension is limited to six months. The public prosecutor or the court shall resume the proceedings if the victim or, if he or she lacks legal capacity, his or her legal representative requests this to be done or it transpires that the suspension has neither stabilised nor improved the victim’s situation.495 Before the suspension ends, the public prosecutor or the court shall conduct an assessment. If the victim’s situation has stabilised or improved, it shall order the abandonment of the proceedings.5042 Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).43 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).44 Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 45 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).46 Inserted by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).47 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).48 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).49 Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).50 Inserted by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).Chapter Two: Measures Section One:  Therapeutic Measures and Indefinite Incarceration 1. Principles Art. 56 1 A measure is ordered if:a. a penalty alone is not sufficient to counter the risk of further offending by the offender;b. the offender requires treatment or treatment is required in the interest of public safety; andc. the requirements of Articles 59–61, 63 or 64 are fulfilled.2 The ordering of a measure requires that the related intervention in the personal rights of the offender is not unreasonable in view of the probability and seriousness of additional offences.3 In ordering a measure under Articles 59–61, 63 and 64 and in modifying the sanction in accordance with Article 65, the court shall base its decision on an expert assessment. This shall provide an opinion on:a. the necessity and the prospects of success of any treatment of the offender;b. the nature and the probability of possible additional offences; andc. the ways in which the measure may be implemented.4 If the offender has committed an offence in terms of Article 64 paragraph 1, the assessment must be conducted by an expert who has neither treated the offender before nor been responsible in any other way for his care.4bis If consideration is given to ordering lifelong incarceration in accordance with Article 64 paragraph 1bis, the court shall base its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for his care.515 Normally the court only orders a measure if a suitable institution is available.6 Where the requirements for a measure are no longer fulfilled, it is revoked.51 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).Concurrent measures Art. 56a 1 If two or more measures are equally suitable but only one is necessary, the court shall order the measure that is more convenient for the offender.2 If two or more measures are necessary, the court may order these concurrently.Relationship between measures and penalties Art. 57 1 If the requirements for both a penalty and a measure are fulfilled, the court shall order both sanctions.2 The implementation of a measure under Articles 59–61 takes precedence over a custodial sentence that is imposed at the same time or which is executed through revocation of a suspended sentence or recall to custody. Likewise, the reactivation of the execution of a measure in accordance with Article 62a takes precedence over a cumulative sentence imposed at the same time.3 The deprivation of liberty associated with the measure must be taken into account in determining the penalty.Implementation Art. 58 1 ...522 The therapeutic institutions in terms of Articles 59–61 must be managed separately from penal institutions.52 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).2. In-patient therapeutic measures Treatment of mental disorders Art. 59 1 If the offender is suffering from a serious mental disorder, the court may order in-patient treatment if:a. the offender's mental disorder was a factor in a felony or misdemeanour that he committed; andb. it is expected that the measure will reduce the risk of further offences being committed in which his mental disorder is a factor.2 The in-patient treatment is carried out in an appropriate psychiatric institution or therapeutic institution.3 If there is a risk of the offender absconding or committing further offences, he shall be treated in a secure institution. He may also be treated in a penal institution in accordance with Article 76 paragraph 2, provided it is guaranteed that the required therapeutic treatment can be provided by specialist staff.534 The deprivation of liberty associated with in-patient treatment normally amounts to a maximum of five years. If the requirements for parole have not yet been fulfilled after five years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which his mental disorder is a factor, the court may at the request of the executive authority order the extension of the measure for a maximum of five years in any case.53 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).Treatment of addiction Art. 60 1 If the offender is dependent on addictive substances or in any other way dependent, the court may order in-patient treatment if:a. the offender's dependence was a factor in the felony or misdemeanour that he committed; andb. it is expected that treatment will reduce the risk of further offences being committed in which his dependence is a factor.2 The court shall take account of the offender's request for and readiness to undergo treatment.3 The treatment is carried out in a specialised institution or, if necessary, in a psychiatric hospital. It must be adjusted to the special needs of the offender and the state of his health.4 The deprivation of liberty associated with in-patient treatment shall normally amount to a maximum of three years. If the requirements for parole have not yet been fulfilled after three years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which his dependence is a factor, the court may at the request of the executive authority on one occasion only order the extension of the measure for a maximum of one further year. In the event of an extension and the recall to custody following parole, the deprivation of liberty associated with the measure may not exceed a maximum of six years.Measures for young adults Art. 61 1 If the offender was under 25 years of age at the time of the offence and if he is suffering from a serious developmental disorder, the court may commit him to an institution for young adults if:a. the offender's developmental disorder was a factor in the felony or misdemeanour that he committed; andb. it is expected that the measure will reduce the risk of further offences being committed in which his developmental disorder is a factor.2 Institutions for young adults must be managed separately from other institutions and facilities under this Code.3 The offender should be taught the skills needed to live independently and without further offending. In particular, he should be encouraged to undergo basic and advanced vocational and professional training.4 The deprivation of liberty associated with the measure amounts to a maximum of four years. In the event of the recall to custody following release on parole, it may not exceed a maximum of six years. The measure must be revoked when the offender reaches the age of 30.5 If the offender was convicted of an offence committed before he was 18 years of age, the measure may be implemented in an institution for minors.Parole Art. 62 1 The offender is released on parole from undergoing an in-patient measure as soon as his condition justifies his being given the liberty to prove himself.2 In the case of release on parole from a measure under Article 59, the probationary period amounts to one to five years, and in the case of release on parole from a measure under Articles 60 and 61, from one to three years.3 The person released on parole may be required to undergo out-patient treatment during the probationary period. The executive authority may order probation assistance and issue conduct orders for the duration the probationary period.4 If on expiry of the probationary period, a continuation of the out-patient treatment, the probation assistance or the conduct orders is considered necessary in order to reduce the risk of further felonies and misdemeanours being committed that are associated with the condition of the person released on parole, the court may at the request of the executive authority extend the probationary period as follows:a. by one to five years in the case of release on parole from a measure in accordance with Article 59;b. by one to three years in the case of release on parole from a measure under Articles 60 and 61.5 The probationary period following release on parole from a measure under Articles 60 and 61 may not exceed six years.6 If the offender has committed an offence in terms of Article 64 paragraph 1, the probationary period may be extended as often as is considered necessary to prevent further such offences being committed.Breach of probation Art. 62a 1 If a person released on parole commits an offence during the probationary period and thus demonstrates that the risk that the measure was intended to reduce is still present, the court assessing the new offence may, after consulting the executive authority:a. order his recall to custody;b. revoke the measure and, provided the relevant requirements are fulfilled, order a new measure; orc. revoke the measure and, provided the relevant requirements are fulfilled, order the execution of a custodial sentence.2 If as a result of the new offence the requirements for an unsuspended custodial sentence are fulfilled and if this sentence runs concurrently with a custodial sentence that has been suspended to give precedence to the measure, the court shall impose a cumulative sentence in application of Article 49.3 If as a result of the conduct of the person released on parole during the probationary period there is a serious expectation that he could commit an offence in terms of Article 64 paragraph 1, the court that ordered the measure may, at the request of the executive authority, order a recall to custody.4 For a measure under Article 59, the recall to custody is for a maximum period of five years, and for measures under Articles 60 and 61 for a maximum period of two years.5 If the court decides against a recall to custody or a new measure, it may:a. admonish the person released on parole;b. order out-patient treatment or probation assistance;c. impose conduct orders on the person released on parole; andd. extend the probationary period by from one to five years in the case of a measure under Article 59, and by from one to three years in the case of a measure under Articles 60 and 61.6 If the person released on parole fails to comply with the terms of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies.Final release Art. 62b 1 If the person released on parole successfully completes the probationary period, he is granted final release.2 The offender is granted final release if the maximum duration of a measure under Articles 60 and 61 is reached and the requirements for the parole apply.3 If deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is not executed.Termination of a measure Art. 62c 1 A measure is terminated, if:a. its implementation or continuation appears to have no prospect of success; b. the maximum duration under Articles 60 and 61 has been reached and the requirements for the parole do not apply; orc. a suitable institution does not exist or no longer exists.2 If the deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is executed. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended.3 Instead of ordering the execution of the sentence, the court may order another measure if it is to be expected that such a measure will reduce the risk of the offender committing further felonies and misdemeanours in which his condition is a factor.4 If there is a serious expectation that if a measure ordered in respect of an offence in terms of Article 64 paragraph 1 is terminated, the offender will commit further such offences, the court may at the request of the executive authority order his indefinite incarceration.5 If the competent authority regards an adult protection measure to be appropriate on the termination of the measure, it shall inform the adult protection authority of this.546 Furthermore, the court may terminate an in-patient therapeutic measure before or during its implementation and order another in-patient therapeutic measure in its place if it is expected that the new measure has a significantly better chance of reducing the risk of the offender committing further felonies and misdemeanours in which his condition is a factor.54 Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).Consideration of release and the termination of measures Art. 62d 1 The competent authority shall on request or ex officio consider whether and when the offender should be released on parole from the implementation of the measure or whether the measure should be terminated. It makes a decision on such matters at least once each year. It shall first grant a hearing to the offender and obtain a report from the governing body of the relevant institution.2 If the offender committed an offence in terms of Article 64 paragraph 1, the competent authority shall reach its decision on the basis of the expert opinion of an independent specialist and after hearing a committee comprising representatives of the prosecution services, the execution authorities and one or more psychiatrists. The specialists and psychiatrists concerned must not be those responsible for the treatment or care of the offender.3. Out-patient treatment Requirements and implementation Art. 63 1 If the offender is suffering from a serious mental disorder or if he is dependent on addictive substances or in any other way, the court may order that he receive out-patient rather than in-patient treatment if:a. the offender commits an offence in which his condition is a factor; andb. it is expected that the measure will reduce the risk of further offences being committed in which his condition is a factor.2 The court may defer the execution of an unsuspended custodial sentence imposed at the same time, a suspended custodial sentence due for execution following revocation of suspension and the remainder of a sentence due for execution following a recall to custody to give precedence to out-patient treatment in order to take account of the form of the treatment. It may order probation assistance and issue conduct orders for the duration the treatment.3 The competent authority may order the offender to be treated temporarily as an in-patient if this is required in order to initiate the out-patient treatment. The period of in-patient treatment may not exceed two months.4 The period of out-patient treatment may not normally exceed five years. If the continuation of the out-patient treatment is considered necessary at the end of the five-year period in order to reduce the risk of further felonies and misdemeanours in which a mental disorder is a factor, the court may at the request of the executive authority continue the treatment for a further period of from one to five years.Termination of the measure Art. 63a 1 The competent authority shall assess at least once each year whether the out-patient treatment should be continued or terminated. It shall first grant a hearing to the offender and obtain a report from the therapists.2 The out-patient treatment is terminated by the competent authority if:a. it has been successfully completed;b. its continuation appears to have no prospect of success; orc. the statutory maximum duration for the treatment of an alcohol, drug or therapeutic product dependent person has been reached.3 If the offender commits a further offence during the out-patient treatment and thus demonstrates that this form of treatment will probably be unsuccessful in averting the risk offences being committed in which the condition of the offender is a factor, the unsuccessful treatment shall be terminated by order of the court assessing the new offence.4 If the offender fails to comply with the conditions of probation assistance or if he disregards the conduct orders, Article 95 paragraphs 3–5 applies.Execution of the suspended custodial sentence Art. 63b 1 If the out-patient treatment has been successfully completed, the suspended custodial sentence is not executed.2 If out-patient treatment is terminated due to there being no prospect of success (Art. 63a para. 2 let. b), the statutory maximum duration being reached (Art. 63a para. 2 let. c) or its being unsuccessful (Art. 63a para. 3), the suspended custodial sentence is executed.3 If out-patient treatment conducted while the offender is at liberty is considered a risk to third parties, the suspended custodial sentence is executed and the out-patient treatment continued while the custodial sentence is being served.4 The court decides on the extent to which the deprivation of liberty associated with the out-patient treatment is taken into account in determining the custodial sentence. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended.5 Instead of the execution of the sentence the court may order an in-patient therapeutic measure under Articles 59–61 if it is to be expected that this will reduce the risk of the offender committing further felonies or misdemeanours in which his condition is a factor.4. Indefinite incarceration Requirements and execution Art. 64 1 The court shall order indefinite incarceration if the offender has committed murder, intentional homicide, serious assault, rape, robbery, hostage taking, arson, endangering life or another offence that carries a maximum sentence of five or more years by which he has caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person, and if:55a. due to the personality traits of the offender, the circumstances of the offence and his general personal circumstances, it is seriously expected that he will commit further offences of the same type; orb. due to a permanent or long-term mental disorder of considerable gravity that was a factor in the offence, it is seriously expected that the offender will commit further offences of the same type and the ordering of a measure in accordance with Article 59 does not promise any success.1bis The court shall order lifelong incarceration if the offender has committed murder, intentional homicide, serious assault, robbery, rape, indecent assault, false imprisonment or abduction, hostage-taking, enforced disappearance of persons, trafficking in human beings, genocide, or a felony under the heading of crimes against humanity or war crimes (Title Twelve) and if the following requirements are met:56a. the offender, by committing the offence, caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person.b. There is a high probability that the offender will commit one of these felonies again.c. The offender is assessed as being permanently untreatable, as the treatment offers no long-term prospect of success.572 The execution of the custodial sentence takes priority over indefinite incarceration. The provisions on parole in relation to the custodial sentence (Art. 86–88) do not apply.583 If during the execution of the custodial sentence, it is expected that the offender will prove to be of good behaviour when at liberty, the court shall order parole from the custodial sentence at the earliest from the time when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence. The court that ordered indefinite incarceration is responsible for the decision on parole. In addition, Article 64a applies.594 Indefinite incarceration is executed in a therapeutic institution or in a penal institution in accordance with Article 76 paragraph 2. Public safety must be guaranteed. The offender receives psychiatric care if this is necessary.55 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).56 Amended by Annex 2 No 1 of the Federal Decree of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).57 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).58 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).59 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).Revocation and release Art. 64a 1 The offender is released on parole from indefinite incarceration in accordance with Article 64 paragraph 1 as soon as it is expected that he will be of good behaviour when at liberty.60 The probationary period amounts to two to five years. For the duration of the probationary period, probation assistance may be ordered and conduct orders may be imposed.2 If on expiry of the probationary period a continuation of the probation assistance or the conduct orders is considered to be necessary in order to reduce the risk of further offences in terms of Article 64 paragraph 1, the court may at the request of the executive authority extend the probationary period by a further two to five years.3 If due to his conduct during the probationary period, it is seriously expected that the offender may commit further offences in terms of Article 64 paragraph 1, the court at the request of the executive authority shall order his recall to custody.4 If the offender when released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies.5 If the offender when released on parole is of good behaviour until the expiry of the probationary period, he is granted final release.60 Amended by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).Consideration of release Art. 64b61 1 The competent authority shall consider on request or ex officio:a. at least once annually, and for the first time after two years have lapsed, whether and when the offender may be released on parole from indefinite incarceration (Art. 64a para. 1); b. at least every two years, and for the first time before indefinite incarceration takes effect, whether the requirements for an in-patient therapeutic treatment have been fulfilled and whether a related application should therefore be made to the competent court (Art. 65 para. 1).2 The competent authority makes its decisions in terms of paragraph 1 based on: a. a report from the institution board; b. an independent specialist assessment in terms of Article 56 paragraph 4;c. its hearing of a committee in accordance with Article 62d paragraph 2;d. its hearing of the offender.61 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).Consideration of release from lifelong incarceration and parole Art. 64c62 1 In cases of lifelong incarceration under Article 64 paragraph 1bis the competent authority shall consider ex officio or on application whether there are any new scientific findings that lead to the expectation that the offender can be treated so that he will no longer pose a risk to the public. It decides on the basis of a report from the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration.2 If the competent authority concludes that the offender can be treated, it shall offer him the option of treatment. Treatment is carried out in a secure institution. Until the order imposing lifelong incarceration has been revoked in accordance with paragraph 3, the provisions on the execution of lifelong incarceration continue to apply.3 If the treatment demonstrates that the risk posed by the offender has been considerably reduced and may be reduced to the extent that he no longer poses a risk to the public, the court shall revoke the order imposing lifelong incarceration and order an in-patient therapeutic measure in accordance with Articles 59–61 in a secure institution.4 The court may grant the offender parole from lifelong incarceration if he no longer poses a risk to the public due to old age, serious illness or on other grounds. Parole is governed by Article 64a.5 The court that ordered lifelong incarceration is responsible for deciding whether parole should be granted. It bases its decision on reports from at least two experienced specialists who are independent of each other and who have neither treated the offender nor been responsible in any other way for his care.6 Paragraphs 1 and 2 also apply during the execution of the custodial sentence that precedes lifelong incarceration. Lifelong incarceration shall be revoked in accordance with paragraph 3 at the earliest when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence.62 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).5. Modification of the sanction Art. 65 1 If an offender fulfils the requirements for an in-patient therapeutic measure in terms of Articles 59–61 before or during the execution of a custodial sentence or of indefinite incarceration in accordance with Article 64 paragraph 1, the court may order this measure retrospectively.63 The competent court is the court that imposed the sentence or ordered indefinite incarceration. The execution of any remainder of the sentence is deferred.2 If during the execution of the custodial sentence, new information or evidence comes to light to the effect that the requirements for indefinite incarceration are fulfilled and already applied at the time of conviction although the court could not have had knowledge of this, the court may order indefinite incarceration retrospectively. Jurisdiction and procedure are determined by the rules that apply to re-opening a case.6463 Amended by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).64 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).Section Two: Other Measures 1. Good behaviour bond Art. 66 1 If there is the risk that a person will commit a felony or misdemeanour that he has threatened to commit, or if a person convicted of a felony or of a misdemeanour indicates the clear intention to repeat the offence, the court may, at the request of the person threatened, obtain a promise from the offender that he will not commit the offence and require him to deposit appropriate security therefor.2 If he refuses to make the promise, or fails to deposit the security within the specified period, the court may require him to make the promise or deposit the security by imposing a period of detention for security reasons. The period of detention for security reasons may not be for more than two months. It is executed in the same way as a short custodial sentence (Art. 7965).3 If the offender commits the felony or the misdemeanour within two years of depositing the security, the security is forfeited to the State. If no offence is committed, the security is returned.65 This Art. has been repealed (AS 2016 1249; BBl 2012 4721).1a. Expulsion. a. Mandatory expulsion Art. 66a66 1 The court shall expel foreign nationals from Switzerland for a period of 5–15 years if they are convicted of any of the following offences, irrespective of the sentence imposed:a. intentional homicide (Art. 111), murder (Art. 112), manslaughter (Art. 113), inciting and assisting suicide (Art. 115), illegal abortion (Art. 118 para. 1 and 2);b. serious assault (Art. 122), female genital mutilation (Art. 124 para. 1), abandonment (Art. 127), endangering life (Art. 129), attack (Art. 134); c. aggravated misappropriation (Art. 138 para. 2), aggravated theft (Art. 139 para. 2 and 3), robbery (Art. 140), fraud for commercial gain (Art. 146 para. 2), computer fraud for commercial gain (Art. 147 para. 2), misuse of a cheque card or credit card for commercial gain (Art. 148 para. 2), aggravated extortion (Art. 156 para. 2–4), profiteering for commercial gain (Art. 157 para. 2), handling stolen goods for commercial gain (Art. 160 para. 2);d. theft (Art. 139) in conjunction with unlawful entry (Art. 186);e. fraud (Art. 146 para. 1) related to social insurance or social assistance, unlawful claims for social insurance or social assistance benefits (Art. 148a para. 1);f. fraud (Art. 146 para. 1), fraud in relation to administrative services and charges (Art. 14 para. 1, 2 and 4 of the Federal Act of 22 March 197467 on Administrative Criminal Law) or tax fraud, misappropriation of taxes deducted at source or any other offence related to public charges that carries a maximum penalty of a one-year custodial sentence or more;g. forced marriage, forced registered partnership (Art. 181a), trafficking in human beings (Art. 182), false imprisonment and abduction (Art. 183), aggravated false imprisonment and abduction (Art. 184), hostage taking (Art. 185); h.68 sexual acts with children (Art. 187 para. 1), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), encouraging prostitution (Art. 195), pornography (Art. 197 para. 4 second sentence); i. arson (Art. 221 para. 1 and 2), wilfully causing an explosion (Art. 223 para. 1 no 1), misuse of explosives and toxic gases with criminal intent (Art. 224 para. 1), wilfully causing danger without criminal intent (Art. 225 para. 1), manufacture, concealment and transport of explosives and toxic gases (Art. 226), causing danger by means of nuclear energy, radioactivity and ionising radiation (Art. 226bis), preparatory offences (Art. 226ter), wilfully causing a flood or collapse (Art. 227 para. 1 no 1), criminal damage to electrical installations, and hydraulic or protective structures (Art. 228 para. 1 no 1);j. wilfully causing danger by means of genetically modified or pathogenic organisms (Art. 230bis para. 1), wilful transmission of human diseases (Art. 231 para. 1), wilful contamination of drinking water (Art. 234 para. 1);k. aggravated disruption of public traffic (Art. 237 para. 1 no 2), wilful disruption of rail traffic (Art. 238 para. 1);l.69 acts preparatory to the commission of an offence (Art. 260bis para. 1 and 3), participation in or support for a criminal or terrorist organisation (Art. 260ter), endangering public safety with weapons (Art. 260quater), financing terrorism (Art. 260quinquies) or recruiting, training and travelling with a view to committing a terrorist offence (Art. 260sexies);m.. genocide (Art. 264), felonies against humanity (Art. 264a), serious violations of the Geneva Conventions of 12 August 194970 (Art. 264c), other war crimes (Art. 264d–264h);n.  wilful violations of Article 116 paragraph 3 or Article 118 paragraph 3 of the Foreign Nationals Act of 16 December 200571;o. violation of Article 19 paragraph 2 or 20 paragraph 2 of the Narcotics Act of 3 October 195172 (NarcA);p.73 violation of Article 74 paragraph 4 of the Intelligence Service Act of 25 September 201574 (IntelSA).2 The court may by way of exception refrain from ordering expulsion if it would cause serious personal hardship to the foreign national concerned and the public interest in expulsion does not outweigh the private interest of the foreign national in remaining in Switzerland. In such cases, account must be taken of the special position of foreign nationals who were born or have grown up in Switzerland.3 The court may also refrain from ordering expulsion if the offence was committed in justifiable self-defence (Art. 16 para. 1) or in a justifiable situation of necessity (Art. 18 para. 1).66 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).67 SR 313.068 The correction by the Federal Assembly Drafting Committee dated 28 Nov. 2017, published on 12 Dec. 2017 relates only to the French text (AS 2017 7257).69 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021  (AS 2021 360; BBl 2018 6427).70 SR 0.518.12, 0.518.23, 0.518.42, 0.518.5171 SR 142.2072 SR 812.12173 Inserted by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since  1 July 2021 (AS 2021 360; BBl 2018 6427).74 SR 121b. Non-mandatory expulsion Art. 66abis75 The court may expel a foreign national from Switzerland for 3–15 years if he is convicted and sentenced or made subject to a measure under Articles 59–61 or 64 for a felony or misdemeanour that is not listed in Article 66a.75 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).c. Common provisions. Repeat offence Art. 66b76 1 Any person who has been made subject to an expulsion order who commits a further offence that meets the requirements for expulsion under Article 66a shall be expelled again for 20 years.2 Lifelong expulsion may be ordered if the offender commits the new offence while the previous expulsion order is still in effect.76 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).d. Time of enforcement Art. 66c77 1 The expulsion order applies from the date on which the judgment becomes legally enforceable.2 Before enforcing the expulsion order, any unsuspended sentences or parts thereof and any custodial measures must be executed.3 The expulsion order is enforced as soon as the offender is conditionally or finally released from the execution of criminal penalties or measures or the custodial measure is revoked, provided that the remainder of sentence need not be executed and no other such measure has been ordered.4 If a person subject to an expulsion order is transferred to his home country for the execution of criminal penalties or measures, the expulsion order applies on such transfer.5 The duration of expulsion is calculated from the day on which the offender leaves Switzerland.77 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).e. Deferring enforcement of mandatory expulsion Art. 66d78 1 The enforcement of a mandatory expulsion order under Article 66a may only be deferred if:79a. the person concerned is recognised by Switzerland as a refugee and, if expelled, his life or his freedom would be endangered due to his race, religion, nationality, affiliation to a specific social group or his political views; the foregoing does not apply to a refugee who may not invoke the ban on refoulement under Article 5 paragraph 2 of the Asylum Act of 26 June 199880;b. expulsion would violate other mandatory provisions of international law.2 In reaching its decision, the competent cantonal authority must assume that expulsion to a state deemed safe by the Federal Council in accordance with Article 6a paragraph 2 of the Asylum Act of 26 June 1998 does not violate Article 25 paragraphs 2 and 3 of the Federal Constitution.78 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).79 The correction of 21 June 2017, published on 11 July 2017 relates to the French text only (AS 2017 3695).80 SR 142.312. Prohibition from carrying on an activity, contact prohibition and exclusion order a. Prohibition from carrying on an activity, requirements Art. 6781 1 If a person has committed a felony or misdemeanour while carrying on a professional activity or an organised non-professional activity, and has as a result received a custodial sentence in excess of six months, and if there is a risk that he will abuse his activity in order to commit a further felony or misdemeanour, the court may prohibit him totally or partially from carrying on this activity or comparable activities for a period of six months to five years.822 If a person has committed a felony or misdemeanour against a minor or another especially vulnerable person and if there is a risk that in carrying on a professional activity or an organised non-professional activity that involves regular contact with any minors or with other especially vulnerable persons he will commit further offences of this nature, the court may prohibit him from carrying on the activity concerned for one to ten years.2bis The court may impose a lifelong prohibition order under paragraph 2 if is anticipated that the offender will still represent a danger after the period of ten years. At the request of the executive authority, it may extend a prohibition order that is limited in time in terms of paragraph 2 by a maximum of five years on any one occasion if this is deemed necessary to prevent the offender from committing further felonies and misdemeanours of the type that led to the prohibition order.83 3 If a person receives a sentence or is made subject to a measure under Articles 59–61, 63 or 64 for any of the following offences, the court shall prohibit him for the rest of his life from carrying on any professional activity or organised non-professional activity that involves regular contact with any minors: a. trafficking in human beings (Art. 182) where the offence was committed for the purpose of the sexual exploitation of a minor; b. sexual acts with children (Art. 187), sexual acts with dependent persons (Art. 188) or sexual acts with minors against payment (Art. 196);c. indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192), exploitation of a person in a position of need or dependency (Art. 193), indecent conduct (Art. 194), encouraging prostitution (Art. 195) or sexual harassment (Art. 198), where the offence is committed against or in front of a minor;d. pornography (Art. 197):1. under Article 197 paragraph 1 or 3,2. under Article 197 paragraph 4 or 5, where the content of the items or performances involved sexual acts with minors.84 4 If a person receives a sentence or is made subject to a measure under Articles 59–61, 63 or 64 for any of the following offences, the court shall prohibit him from carrying on any professional activity or organised non-professional activity that involves regular contact with especially vulnerable adult persons, as well as any professional activity or organised non-professional activity in the health sector that involves direct contact with patients: a. trafficking in human beings (Art. 182) for the purpose of sexual exploitation, indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192), exploitation of a person in a position of need or dependency (Art. 193), indecent conduct (Art. 194), encouraging prostitution (Art. 195) or sexual harassment (Art. 198), where the offence is committed against or in front of:1. an especially vulnerable adult victim, or2. an adult victim who is not especially vulnerable, but who was incapable of resistance or of judgement or who was unable to defend him- or herself as a result of physical or psychological dependence;b. pornography (Art. 197 para. 2 first sentence and para. 4 or 5), where the items or performances had the following content:1. sexual acts with especially vulnerable adult victims, or 2. sexual acts with adult victims who are not especially vulnerable, but who were incapable of resistance or of judgement or who were unable to defend themselves as a result of physical or psychological dependence.854bis By way of exception, the court may refrain from imposing a prohibition order under paragraph 3 or 4 in particularly minor cases if a prohibition order of this type does not appear necessary to prevent the offender from committing further offences of the same type. The court may not refrain from imposing a prohibition order if the offender:a. has been convicted of trafficking in human beings (Art. 182), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191) or encouraging prostitution (Art. 195); or b. is a paedophile in accordance with the internationally recognised classification criteria.86 5 If the offender receives a sentence or is made subject to a measure for two or more offences in the same proceedings, the court shall specify what portion of the sentence or which measure applies to an offence that entails an activity prohibition order. This portion of the sentence, the measure and the offence are decisive in determining whether an activity prohibition order under paragraph 1, 2, 2bis, 3 or 4 is imposed. The sentence portions for two or more relevant offences are added together. More than one activity prohibition order may be imposed.876 The court may order probation assistance for the duration of the prohibition orders.887 ...89 81 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055;  BBl 2012 8819).82 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).83 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).84 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).85 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).86 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).87 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).88 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).89 Repealed by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), with effect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).Content and scope Art. 67a90 1 Professional activities within the meaning of Article 67 are activities in exercise of a principal or secondary profession or trade or of a commercial enterprise. Organised non-professional activities are activities that are not or not primarily carried on for pecuniary gain and which are carried on in the context of an association or other organisation.2 The prohibition from carrying on an activity under Article 67 includes activities that the offender carries on on a self-employed basis, as a governing officer of a legal entity or commercial enterprise, or as the agent or representative of another person or which he arranges to be carried on by a person dependent on his instructions.3 If there is a risk that the offender will also misuse his activity in order to commit offences if he is subject to the orders and control of a superior or supervisor, he shall be totally prohibited from carrying on the activity.4 Prohibition orders under Article 67 paragraphs 3 and 4 always apply to the entire activity.5 The following are deemed to be activities with regular contact with minors or with other especially vulnerable persons:a. activities that directly and specifically involve minors or other especially vulnerable persons, and in particular:1. teaching or training,2. parenting or counselling,3. care or supervision,4. nursing,5. physical examination or treatment,6. psychological examination or treatment,7. preparing and serving meals,8. transport,9. the direct sale or loan of objects intended specifically for minors or other particularly vulnerable persons, and acting as a direct intermediary in such sales or loans, where this is the main activity of the person concerned; b. other activities that are primarily or repeatedly carried on in institutions that offer the services listed under letter a, with the exception of activities where it is ensured at the location or time concerned that no contact with minors or other especially vulnerable persons can take place.916 Especially vulnerable persons are persons who because of their age, an illness or long-term physical, mental or psychological impairment are dependent on help from others in their daily activities or way of living.9290 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015  (AS 2014 2055; BBl 2012 8819).91 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).92 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).b. Contact prohibition and exclusion order Art. 67b93 1 If a person has committed a felony or misdemeanour against one or more specific persons or against persons in a specific group, and if there is a risk that he will commit further felonies or misdemeanours in the event of having contact with such persons, the court may impose a contact prohibition and exclusion order of up to five years.2 By means of a contact prohibition and exclusion order the court may prohibit the offender from:a. contacting one or more specific persons or persons in a specific group directly or via third parties, in particular by telephone, in writing or online, or employing, accommodating, educating, caring for such persons or associating with such persons in any other way;b. approaching a specific person or coming within a specific distance of that person’s home;c. being present in specific locations, in particular specific streets, areas or districts.3 The competent authority may use technical devices that are securely attached to the offender in order to enforce the prohibition order. These devices may in particular serve to determine the offender’s location.4 The court may order probation assistance for the duration of the prohibition order.5 On application from the executive authority, it may extend limited prohibition orders by a maximum of five years in each case if this is necessary to prevent the offender from committing further felonies and misdemeanours against minors or other especially vulnerable persons.93 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).c. Common provisions Enforcement of prohibition orders Art. 67c94 1 A prohibition order comes into effect on the day on which the judgment takes full legal effect.2 The duration of a custodial sentence or of a custodial measure (Art. 59–61 and 64) is not taken into account in determining the term of the prohibition order.3 If the offender fails to complete the probationary period successfully and if the suspended custodial sentence is executed or a recall to custody is ordered in respect of a sentence or measure, the term of the prohibition order is calculated from the day on which the offender is released on parole or granted final release or on which the sanction is revoked or remitted.4 If the offender completes the probationary period successfully, the competent authority shall decide on any modification of the conditions or term of the prohibition order under Article 67 paragraph 1 or Article 67b, or on whether the prohibition order should be revoked.5 The offender may apply to the competent authority for a modification of the conditions or term of the prohibition order, or to have the prohibition order revoked:a. in the case of a prohibition order under Article 67 paragraph 1 or under Article 67b: after the order has been in force for two years;b. in the case of a limited prohibition order under Article 67 paragraph 2: after half of the term of the prohibition order, provided the order has been in force for at least three years;c.95 ... d.96 in the case of a lifelong prohibition order under Article 67 paragraph 2bis: after the order has been in force for ten years.6 If it is considered unlikely that the offender will commit any further felonies or misdemeanours by misusing an activity or by having contact with specific persons of a specific group to and the offender has provided reasonable compensation for the loss, damage or injury caused, the competent authority shall revoke the prohibition order in cases falling under paragraph 4 or 5.6bis Prohibition orders under Article 67 paragraphs 3 or 4 may not revoked.97 7 If the offender breaches an activity prohibition order or a contact prohibition and exclusion order or if he fails to comply with the associated probation assistance, or if such assistance cannot be provided or is no longer required, the competent authority shall submit a report to the court or the executive authority. The court or the executive authority may revoke or make a new order for probation assistance.7bis The executive authority may order probation assistance for the entire duration of the prohibition from carrying on an activity or the contact and exclusion order.988 If the offender fails to comply with the probation assistance during a probationary period, Article 95 paragraphs 4 and 5 apply.9 If the offender breaches an activity prohibition order or a contact prohibition and exclusion order during a probationary period, Article 294 and the provisions on revoking a suspended sentence or the suspended part of a sentence and on a recall to custody in respect of a sentence or measure apply.94 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).95 Repealed by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), with effect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).96 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).97 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).98 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).Modification of a prohibition order or subsequent imposition of a prohibition order Art. 67d99 1 If it becomes apparent during the term of an activity prohibition order or a contact prohibition and exclusion order that in the offender’s case an extension of the prohibition order or an additional such prohibition order is required, the court may on application from the executive authority extend the prohibition order or impose an additional prohibition order.2 If it becomes apparent during a custodial sentence or a custodial measure that in the offender’s case a prohibition order under Article 67 paragraph 1 or 2 or under Article 67b is required, the court may impose this prohibition order on application from the executive authority.99 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055;  BBl 2012 8819).3. Disqualification from driving Art. 67e100 If the offender has used a motor vehicle in order to commit a felony or misdemeanour and where there is a risk of re-offending, the court, in addition to imposing a sentence or measure under Articles 59–64, may order that the offender forfeit his provisional or full driving licence for a period of between one month and five years.100 Originally: Art. 67b.Art. 67f101 101 No longer required as a result of No IV 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).4. Publication of the judgment Art. 68 1 If publication of a criminal judgment is required in the public interest, or in the interests of the person harmed or of the complainant, the court shall order publication at the expense of the offender.2 If publication of an acquittal or of a ruling of the prosecution service abandoning proceedings is required in the public interest, or in the interests of the acquitted person or former suspect, the court shall order publication at State expense or at the expense of the complainant.3 Publication is made in the interests of the person harmed, complainant, acquitted person or former suspect only if such persons so request.4 The court decides on the form and extent of publication.5. Forfeiture a. Forfeiture of dangerous objects Art. 69 1 The court shall, irrespective of the criminal liability of any person, order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence in the event that such objects constitute a future danger to public safety, morals or public order.2 The court may order that the objects forfeited be rendered unusable or be destroyed.b. Forfeiture of assets Principles Art. 70 1 The court shall order the forfeiture of assets that have been acquired through the commission of an offence or that are intended to be used in the commission of an offence or as payment therefor, unless the assets are passed on to the person harmed for the purpose of restoring the prior lawful position.2 Forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided he has paid a consideration of equal value therefor or forfeiture would cause him to endure disproportionate hardship.3 The right to order forfeiture is limited to seven years; if, however, the prosecution of the offence is subject to a longer limitation period, this period also applies to the right to order forfeiture.4 Official notice must be given of forfeiture. The rights of persons harmed or third parties expire five years after the date on which official notice is given.5 If the amount of the assets to be forfeited cannot be ascertained, or may be ascertained only by incurring a disproportionate level of trouble and expense, the court may make an estimate.Equivalent claim Art. 71 1 If the assets subject to forfeiture are no longer available, the court may uphold a claim for compensation by the State in respect of a sum of equivalent value, which claim may be enforced against a third party only if he is not excluded by Article 70 paragraph 2.2 The court may dismiss an equivalent claim in its entirety or in part if the claim is likely to be unrecoverable or if the claim would seriously hinder the rehabilitation of the person concerned.3 The investigating authority may seize assets of the person concerned with a view to the enforcement of an equivalent claim. Such seizure does not accord the State preferential rights in the enforcement of the equivalent claim.Forfeiture of assets of a criminal or terrorist organisation Art. 72102 The court shall order the forfeiture of all assets that are subject to the power of disposal of a criminal or terrorist organisation. In the case of the assets of a person who participates in or supports such an organisation (Art. 260ter), it is presumed that the assets are subject to the power of disposal of the organisation until the contrary is proven.102 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021  (AS 2021 360; BBl 2018 6427).6. Use for the benefit of the person harmed Art. 73 1 If as a result of a felony or misdemeanour a person has suffered harm and is not entitled to benefits under an insurance policy, and if it is anticipated that the offender will not pay damages or satisfaction, the court shall award the person harmed, at his request, a sum of money up to the amount of damages or satisfaction set by a court or agreed in a settlement with the person harmed and obtained from:a. the monetary penalty or fine paid by the offender;b. objects and assets that have been forfeited, or the proceeds of their sale after deduction of expenses;c. compensatory claims;d. the amount of the good behaviour bond.2 The court may order such an award only if the person harmed assigns the corresponding element of his claim to the State.3 The cantons shall provide a simple and quick procedure for cases where their courts are not entitled to make an award of this nature in a criminal judgment.Title Four: Execution of Custodial Sentences and Custodial Measures 1. Principles Art. 74 The human dignity of the prison inmates or of the inmates of an institution for the execution of measures must be respected. Their rights may only be limited to the extent that that is required for the deprivation of their liberty and their co-existence in the penal institution.2. Execution of custodial sentences Principles Art. 75 1 The execution of sentences must encourage an improvement in the social behaviour of the prison inmates, and in particular their ability to live their lives without offending again. The conditions under which sentences are executed must correspond as far as possible with those of normal life, guarantee the supervision of the prison inmates, counteract the harmful consequences of the deprivation of liberty and take appropriate account of the need to protect the general public, the institution staff and other inmates.2 ...1033 The institution rules shall provide that a sentence management plan be drawn up in consultation with the prison inmate. This plan in particular contains details of the supervision offered, the opportunities to work and receive basic or advanced training, making reparation, relations with the outside world and preparations for release.4 The prison inmate must actively cooperate in resocialisation efforts and the preparations for release.5 Account is taken of the gender-specific concerns and needs of the prison inmates.6 If the prison inmate is released on parole or granted final release and it subsequently comes to light that on his release he was subject to another executable judgment imposing a custodial sentence, execution of that custodial sentence is waived if:a. it was not executed concurrently with the other custodial sentence for a reason within the control of the executive authorities;b. the prison inmate was able to assume in good faith that on his release he was not subject to another executable judgment imposing a custodial sentence; andc. the reintegration of the prison inmates would be prejudiced.103 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Special security measures Art. 75a104 1 The Commission under Article 62d paragraph 2 shall with a view to a transfer to an open penal institution and the authorisation of a relaxation in the execution of the sentence assess the danger to the community of the offender if:a. he has committed a felony in terms of Article 64 paragraph 1; and b. the executive authority cannot satisfactorily answer the question of whether he is a danger to other prison inmates.2 Relaxation of the execution of the sentence involves easing the regime for the deprivation of liberty, in particular by means of a transfer to an open institution, the granting of release on temporary licence, the authorisation of day release employment or of external accommodation and the granting of parole. 3 Danger to the community is assumed if there is a risk that the prison inmate will abscond and commit a further offence that severely prejudices the physical, psychological or sexual integrity of another person.104 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).Place of execution Art. 76 1 Custodial sentences are executed in a secure or open penal institution.2 The prison inmate shall be admitted to a secure penal institution or to the secure section of an open penal institution if there is a risk that that he will abscond or it is expected that he will commit further offences.Normal execution Art. 77 The prison inmate normally spends his working, rest and leisure time in the institution.Day release employment and external accommodation Art. 77a 1 The custodial sentence is executed in the form of day release employment if the prison inmate has served part of the custodial sentence, normally a minimum one half, and it is not expected that he will abscond or commit further offences.2 In day release employment, the prison inmate works outside the institution and spends his rest and leisure time in the institution. The change to day release employment normally takes place following an appropriate period spent in an open institution or the open section of a secure institution. Work outside the institution may also include housework and caring for children.3 If the prison inmate proves himself to be of good behaviour in day release employment, the further execution of the sentence takes the form of external accommodation and day release employment. Here the prison inmate lives and works outside the institution, but remains under the supervision of the executive authority.Semi-detention Art. 77b105 1 At the offender’s request, a custodial sentence of no more than 12 months or the remainder of a sentence after taking account of time spent on remand of no more than six months may be served in the form of semi-detention provided:a. it is not anticipated that the offender will abscond or commit further offences; andb. the offender does regulated work or training or is similarly occupied for at least 20 hours a week.2 The prison inmate works, is trained or similarly occupied outside the institution and spends his rest and leisure time in the institution.3 Semi-detention may be served in a special section of a remand centre provided the offender is guaranteed the required supervision.4 If the offender no longer meets the authorisation requirements or if he fails to comply with the conditions of semi-detention imposed by the executive authority despite being warned to do so, the custodial sentence shall be served in the normal manner.105 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Solitary confinement Art. 78 Solitary confinement in the form of uninterrupted separation from other prison inmates may only be ordered:a. for a maximum of one week at the start of the sentence in order to initiate the execution of the sentence;b. for the protection of the prison inmate or of third parties;c. as a disciplinary sanction.Art. 79106 106 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Community service Art. 79a107 1 If it is not anticipated that the offender will abscond or commit further offences, the following sentences may be served in the form of community service:a. a custodial sentence of no more than six months;b. the remainder of a sentence of no more than six months after taking account of time spent on remand; orc. a monetary penalty or a fine.2 Community service is not permitted as a means of serving an alternative custodial sentence.3 Community service is work that benefits social institutions, public works or persons in need. The work is unpaid.4 Four hours of community service correspond to one day of a custodial sentence, one daily penalty unit of a monetary penalty or one day of an alternative custodial sentence in the case of contraventions.5 The executive authority shall allow the offender a specific period not exceeding two years within which to complete the community service. In the case of community service carried out in lieu of a fine, this period may not exceed one year. 6 If the offender fails to comply with the conditions of community service imposed by the executive authority despite being warned to do so, the custodial sentence shall be served in the normal manner or in the form of semi-detention, or the monetary penalty or fine shall be enforced.107 Inserted by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Electronic monitoring Art. 79b108 1 At the request of the offender, the executive authority may order the use of electronic devices and their secure attachment to the offender’s body (electronic monitoring):a. in execution of a custodial sentence or an alternative custodial sentence of from 20 days to 12 months; orb. in lieu of day release employment or day release employment and external accommodation for a term of from 3 to 12 months.2 The executive authority may order electronic monitoring only if:a. it is not anticipated that the offender will abscond or commit further offences;b. the offender lives in permanent accommodation;c. the offender is doing regulated work or training or is similarly occupied for at least 20 hours a week or can be assigned to do the same;d. the adults living with the offender in the same accommodation consent; ande. the offender agrees to the implementation plan drawn up for him.3 If the requirements of paragraph 2 letter a, b or c are no longer met or if the offender fails to fulfil the obligations set out in the implementation plan, the executive authority may discontinue the electronic monitoring and order the sentence to be served in the normal manner or in the form of semi-detention, or restrict the free time available to the offender.108 Inserted by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Other forms of sentence execution Art. 80 1 A departure from the rules governing the execution of sentences in favour of the prison inmates may be permitted:a. if the state of health of the prison inmates so requires;b. in the event of pregnancy, childbirth and for the time immediately after childbirth;c. to enable the mother and infant to be accommodated together, provided this is also in the interests of the child.2 If the sentence is not served in a penal institution, but in another appropriate institution, the prison inmate is subject to the regulations of that institution unless the executive authority orders otherwise.Work Art. 81 1 The prison inmate is obliged to work. Wherever possible, the work should be appropriate to his skills, education and training and his interests.2 If he consents to do so, the prison inmate may work for a private employer.Basic and advanced training Art. 82 Where he shows the required aptitude and the possibility exists, the prison inmate is given the opportunity to undergo basic and advanced training appropriate to his skills.Wages Art. 83 1 The prison inmate receives a wage for his work based on his performance and according to the circumstances.2 The prison inmate may freely dispose of only part of his wage while serving his sentence. The remaining part is withheld until the inmate has been released. The wage may neither be pledged, seized nor included in an insolvent estate. Any assignment or pledge of the wage is null and void.3 If the prison inmate participates in basic or advanced training instead of work in accordance with his sentence management plan, he receives appropriate remuneration.Relations with the outside world Art. 84 1 The prison inmate has the right to receive visitors and to cultivate contacts with persons outside the institution. Contact with close relatives and friends shall be facilitated.2 Contact may be monitored and for the preservation of order and security in the penal institution it may be restricted or prohibited. The monitoring of visits is not permitted without the knowledge of those concerned. The foregoing does not apply to procedural measures in order to secure evidence for the purposes of a prosecution.3 Clerics, doctors, attorneys, notaries and guardians as well as persons with comparable duties may be permitted to communicate freely with the prison inmates subject to the general institution rules.4 Contact with defence attorneys must be permitted. Visits from the defence attorney may be supervised but conversations may not be listened in on. Inspecting the content of correspondence and attorneys' documents is not permitted. Contact with attorneys may be prohibited by the competent authority in the event of abuse.5 Communications with the supervisory authorities may not be monitored.6 The prison inmate shall be granted release on temporary licence to an appropriate extent in order to cultivate relations with the outside world, prepare for his release or where there are special circumstances, provided his conduct in custody does not preclude this and there is no risk that he will abscond or commit further offences.6bis Offenders subject to indefinite incarceration are not granted release on temporary licence or other relaxations of the execution of the sentence during the sentence served prior to incarceration.1097 Article 36 of the Vienna Convention of 24 April 1963110 on Consular Relations and other regulations under international law on visits and correspondence that are binding on Switzerland are reserved.109 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).110 SR 0.191.02Searches and inspections Art. 85 1 The personal effects and the accommodation of the prison inmate may be searched in the interests of maintaining order and security in the penal institution.2 A prison inmate who is suspected of concealing unpermitted articles about his person or in his body, may be subjected to a body search. The search must be conducted by a person of the same gender. If the removal of clothing is required, this must be carried out in the absence of other prison inmates. Searches of body cavities must be carried out by a doctor or other medically qualified staff.Parole a. Granting of parole Art. 86 1 If the prison inmate has served two thirds of his sentence, provided this amounts to at least three months, he shall be released on parole by the competent authority if this is justified by his conduct while in custody and it is not expected that he will commit further felonies or misdemeanours.2 The competent authority shall assess ex officio whether the inmate may be released on parole. It shall obtain a report from the institution board. The prison inmate shall be granted a hearing.3 If parole is refused, the competent authority must reassess the question of whether parole may be granted at least once each year.4 If the prison inmate has served half of his sentence, provided this amounts to at least three months, he may be released on parole by way of exception, if exceptional personal circumstances justify this.5 In the case of persons serving a life sentence, parole under paragraph 1 is possible at the earliest after 15 years, and under paragraph 4 at the earliest after ten years.b. Probationary period Art. 87 1 A person released on parole is made subject to a probationary period of a duration that corresponds to the remainder of his sentence. The period however amounts to at least one year and no more than five years.2 The executive authority shall normally order probation assistance for the duration of the probationary period. It may impose conduct orders on the person released on parole.3 If parole is granted to an inmate serving a custodial sentence for an offence mentioned in Article 64 paragraph 1, and if on expiry of the probationary period a continuation of the probation assistance or the conduct orders appear to be required in order to reduce the risk of further offences of this type being committed, the court may at the request of the executive authority extend the probation assistance or the conduct orders in each case by one to five years or impose a new conduct order for this period. A recall to custody in accordance with Article 95 paragraph 5 is not possible in such cases.c. Successful completion of probation Art. 88 If the person released on parole is of good behaviour throughout the probationary period, he is granted final release.d. Breach of probation Art. 89 1 If a person released on parole commits a felony or misdemeanour during the probationary period, the court judging the new offence shall order his recall to custody.2 If, despite the commission of a felony or misdemeanour during the probationary period, it is not expected that the offender will commit further offences, the court shall dispense with a recall to custody. It may admonish the offender and extend the probationary period by no more than half of the period originally fixed by the competent authority. If the extension is ordered after the expiry of the original probationary period, it begins on the day on which it is ordered. The provisions on probation assistance and conduct orders apply (Art. 93–95).3 If a person released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies.4 A recall to custody may not be ordered if three years have elapsed since the expiry of the probationary period.5 Any period of time spent on remand that the offender has served during the recall to custody proceedings is taken into account in the remainder of his sentence.6 If the requirements for an unsuspended custodial sentence are fulfilled due to the new offence and if this coincides with the remainder of the sentence that must be executed by the recall to custody, the court shall impose a cumulative sentence in application of Article 49 a. The rules on parole again apply to this sentence. If only the remainder of the sentence is executed, Article 86 paragraphs 1–4 applies.7 If the remainder of a sentence that must be executed in accordance with a decision on recall to custody coincides with the execution of a measure under Articles 59–61, Article 57 paragraphs 2 and 3 applies.3. Execution of measures Art. 90 1 A person subject to the execution of a measure under Articles 59–61, may only be accommodated without interruption separately from the other inmates of an institution for the execution of measures if this is essential:a. as a temporary therapeutic measure;b. for the protection of other inmates of the institution or of third parties;c. as a disciplinary sanction.2 At the start of the execution of the measure, a sentence management plan is drawn up in consultation with the inmate or his legal representative. This includes in particular details of the treatment of the inmate's mental disorder, dependence or developmental disorder and on measures to prevent the endangerment of others.2bis Measures under Articles 59–61 and 64 may be executed in the form of external accommodation and day release employment if there is a justified opinion that this will significantly contribute to the aim of the measure being achieved, and if there is no risk that the inmate will abscond or will commit further offences. Article 77a paragraphs 2 and 3 applies by analogy.1113 If the inmate is able to work, he is required to work to the extent that his in-patient treatment or care requires or permits. Articles 81–83 apply in an analogous manner.4 Article 84 applies by analogy to the relations of the inmates of an institution for the execution of measures with the outside world, unless additional restrictions are required for reasons relating to the in-patient treatment.4bis Article 75a applies by analogy to admission to an open institution and to the authorisation of a relaxation in the measures regime.1124ter During lifelong incarceration, it is not permitted to authorise release on temporary licence or a relaxation of the sentence regime.1135 Article 85 applies by analogy to searches and inspections.111 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).112 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).113 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).4. General provisions Disciplinary regulations Art. 91 1 Disciplinary sanctions may be imposed on prison inmates and inmates of an institution for the execution of measures who are guilty of infringing the institution regulations or the sentence management plan.2 Disciplinary sanctions are:a. a reprimand;b. the temporary withdrawal or restriction of the right to use money, participate in recreational activities or have external contacts;c.114 a fine; andd.115 solitary confinement as an additional restriction of liberty.3 The cantons shall enact disciplinary regulations applicable to the execution of sentences and measures. The regulations detail the disciplinary offences, the sanctions and how they are fixed, and regulate the procedure.114 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).115 Originally let. c.Interruption of execution Art. 92 The execution of sentences and measures may be interrupted for good cause.Right to information Art. 92a116 1 Victims and relatives of victims as defined in Article 1 paragraphs 1 and 2 of the Victim Support Act of 23 March 2007117 (VSA) and third parties who have a legitimate interest may make a written request to the executive authority for the following information:a. the time of execution of the sentence or measure imposed on the offender, institution responsible for execution, the form of execution if it differs from normal, interruptions and relaxations in the sentence or measure, (Art. 75a para. 2), parole and final release, and the reactivation of the execution of a sentence or measure;b. immediate notification of the escape of an offender and of his or her recapture.2 The executive authority decides on the request after consulting the offender.3 It may refuse to provide the information or revoke a previous decision to provide information only if the offender‘s legitimate interests justify this.4 If the executive authority approves a request, it shall advise the person entitled to information of the confidentiality of the information disclosed. Persons entitled to victim support under the VSA are not required to maintain confidentiality in their dealings with a counsellor at a counselling service under Article 9 VSA.116 Inserted by No I 1 of the FA of 26 Sept. 2014 on Victims’ Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913). See also the transitional provision to this amendment at the end of the text.117 SR 312.5Title Five: Probation Assistance, Conduct Orders and Voluntary Social Supervision Probation assistance Art. 93 1 Probation assistance is intended to protect the probationers from reoffending and enable their social integration. The competent authority for probation assistance provides and arranges for the required social and specialist services.2 Persons working in the field of probation assistance must treat matters that come to their knowledge in the course of their work as confidential. They may disclose information on the personal circumstances of a probationer to third parties only if the probationer or the person in charge of probation assistance has consented in writing.3 The authorities for the administration of criminal justice may obtain a report on the probationer from the competent authority for probation assistance.Conduct orders Art. 94 The conduct orders that the court or the executive authority may impose on the offender for duration of the probationary period relate in particular to the practice of a profession, place of residence, driving motor vehicles, reparation and medical and psychological therapy.General provisions Art. 95 1 Prior to making their decision on probation assistance and conduct orders, the court and the executive authority may obtain a report from the authority responsible for supervising the probation assistance and the conduct orders or for enforcing activity prohibition orders or contact prohibition and exclusion orders.118 The person concerned may state his opinion on the report. Differences of opinion must be recorded in the report.2 The ordering of probation assistance and conduct orders must be noted and justified in the judgment or the decision.3 If the offender fails to comply with the conditions of probation assistance or disregards the conduct orders or if the probation assistance or conduct orders cannot be implemented or are no longer required, the competent authority shall submit a report to the court or the authorities responsible for the execution of sentences and measures.4 The court or the executive authority may in the cases mentioned in paragraph 3:a. extend the probationary period by one half;b. revoke or reorganise the probation assistance;c. modify or revoke the conduct orders or issue new conduct orders.5 The court may in the cases in paragraph 3 revoke the suspended sentence or order the recall to custody for the execution of the sentence or measure if it is seriously expected that the offender will commit further offences.118 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055;  BBl 2012 8819).Social assistance Art. 96 The cantons shall guarantee the provision of social assistance for the duration of the criminal proceedings and of the execution of the sentence which may be claimed voluntarily.Title Six: Statute of Limitations 1. Limitation of prosecution rights Periods Art. 97 1 The right to prosecute is subject to a time limit of:a. 30 years if the offence carries a custodial sentence of life;b. 15 years if the offence carries a custodial sentence of more than three years;c. 10 years if the offence carries a custodial sentence of three years;d.  seven years if the offence carries a different penalty.1192 In the case of sexual acts with children (Art. 187) and dependent persons (Art. 188) and in the case offences under Articles 111, 113, 122, 124, 182, 189–191, 195 and 197 paragraph 3 involving a child under 16, the limitation period in each case runs at least until the victim has attained the age of 25.1203 If a judgment is issued by a court of first instance before expiry of the limitation period, the time limit no longer applies.4 The limitation of the right to prosecute in the case of sexual acts with children (Art. 187) and dependent minors (Art. 188) and offences under Articles 111–113, 122, 182, 189–191 and 195 involving a child under 16 is governed by paragraphs 1–3 if the offence was committed before the amendment of 5 October 2001121 came into force and the limitation of the right to prosecute had not yet taken effect.122119 Amended by No I 1 of the FA of 21 June 2013 (Extension of Prosecution Time Limits), in force since 1 Jan. 2014 (AS 2013 4417; BBl 2012 9253).120 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).121 AS 2002 2993122 Amended by Art. 2 No 1 of the Federal Decree of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).Commencement Art. 98 The limitation period begins:a. on the day on which the offender committed the offence;b. on the day on which the final act was carried out if the offence consists of a series of acts carried out at different times;c. on the day on which the criminal conduct ceases if the criminal conduct continues over a period of time.2. Limitation period for the execution of a sentence Periods Art. 99 1 The right to execute a sentence is subject to a limitation period of:a. 30 years if a custodial sentence of life has been imposed;b. 25 years if a custodial sentence of ten or more years has been imposed;c. 20 years if a custodial sentence at least five and less than ten years has been imposed;d. 15 years, if a custodial sentence of more than one and less than five years has been imposed;e. five years if any other sentence has been imposed.2 The limitation period for a custodial sentence is extended:a. by the time that the offender spends serving without interruption that or any other custodial sentence or measure that is executed immediately beforehand;b. by the length of the probationary period in the case of release on parole.Commencement Art. 100 The limitation period begins on the day on which the judgment becomes legally enforceable, and in the case of suspended sentences or the execution of a measure, on the day on which the execution of the penalty is ordered.3. Exclusion from limitation Art. 101 1 There is no statue of limitations for the offences of:a. genocide (Art. 264);b. crimes against humanity (Art. 264a para. 1 and 2);c. war crimes (Art. 264c para. 1–3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h);d. felonies that have caused or threatened to cause danger to life and limb to a large number of persons as a method of extortion or duress, in particular through the use of means of mass destruction, the causing of catastrophes, or as part of a hostage taking offence.e.123 sexual acts with children (Art. 187 No 1), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192 para. 1) and exploitation of a person in a position of need or dependency (Art. 193 para. 1) if committed against children under the age of 12.1242 If the right to prosecute the offence would have become time barred had Articles 97 and 98 applied, the court may in its discretion impose a more lenient penalty.3 Paragraphs 1 letters a, c and d and paragraph 2 apply if the right to prosecute or execute the sentence had not become time barred by 1 January 1983 in accordance with the law applicable until that point in time. Paragraph 1 letter b applies if the right to prosecute or execute the penalty has not become time barred under the previous law when the Amendment of 18 June 2010 to this Code comes into force. Paragraph 1 letter e applies if the prosecution or the sentence has not become time barred by 30 November 2008 in accordance with the law applicable until that point in time.125 126123 Inserted by No I 1 of the FA of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013  (AS 2012 5951; BBl 2011 5977).124 Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).125 Third sentence inserted by No I 1 of the FA of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), in force since 1 Jan. 2013 (AS 2012 5951; BBl 2011 5977).126 Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).Title Seven: Corporate Criminal Liability Liability under the criminal law Art. 102 1 If a felony or misdemeanour is committed in an undertaking in the exercise of commercial activities in accordance with the objects of the undertaking and if it is not possible to attribute this act to any specific natural person due to the inadequate organisation of the undertaking, then the felony or misdemeanour is attributed to the undertaking. In such cases, the undertaking shall be liable to a fine not exceeding 5 million francs.2 If the offence committed falls under Articles 260ter, 260quinquies, 305bis, 322ter, 322quinquies, 322septies paragraph 1 or 322octies, the undertaking is penalised irrespective of the criminal liability of any natural persons, provided the undertaking has failed to take all the reasonable organisational measures that are required in order to prevent such an offence.1273 The court assesses the fine in particular in accordance with the seriousness of the offence, the seriousness of the organisational inadequacies and of the loss or damage caused, and based on the economic ability of the undertaking to pay the fine.4 Undertakings within the meaning of this title are:a. any legal entity under private law;b. any legal entity under public law with exception of local authorities;c. companies;d. sole proprietorships128.127 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).128 Terminological footnote relevant to German only.Art. 102a129 129 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Part Two: Contraventions Definition Art. 103 Contraventions are acts that are punishable by a fine.Application of the provisions of the First Part Art. 104 The provisions of the First Part also apply to contraventions, subject to the following changes.No or conditional applicability Art. 105 1 The provisions on suspended and partially suspended sentences (Art. 42 and 43), on expulsion (Art. 66a–66d) and on corporate criminal liability (Art. 102) do not apply to contraventions.1302 Attempt and complicity are offences only in the cases expressly mentioned in this Code. 3 Custodial measures (Art. 59–61 and 64), activity prohibition orders (Art. 67), contact prohibition and exclusion orders (Art. 67b) and the publication of the judgment (Art. 68) are permitted only in the cases expressly mentioned in this Code.131130 Amended by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).131 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).Fines Art. 106 1 Unless the law provides otherwise, the maximum amount of a fine is 10,000 francs.2 In its judgment, the court shall impose an alternative custodial sentence of at least one day and a maximum of three months for the event that the fine is wilfully not paid.3 The court determines the fine and the alternative custodial sentence based on the offender's circumstances so that the offender receives the sentence that is commensurate with his culpable conduct.4 On retrospective payment of the fine, the offender is released from the alternative custodial sentence.5 Articles 35 and 36 paragraphs 2–5 apply by analogy to execution and conversion.Art. 107132 132 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Art. 108133 133 This Article contains no provisions for technical drafting reasons. Corrected by the Drafting Committee of the Federal Assembly (Art. 58 para. 1 ParlA; SR 171.10).Limitation Art. 109 The right to prosecute and to execute a sentence is subject to a limitation period of three years.Part Three: Terms and Definitions Art. 110 1 Close relatives of a person are his or her spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children.1342 Family members are persons who live in the same household.3 Public officials are the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily.3bis If a provision refers to the term "property", it also applies to animals.1354 Official documents are written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose.5 Public deeds are official documents issued by members of an authority, public officials and holders of public office in the exercise official powers. Official documents that are issued in private law transactions by the management of commercial companies, state monopoly companies or other public corporations or institutions are not public official documents.6 A day has 24 successive hours. The month and the year are calculated according to the calendar.7 Time spent on remand is any form of detention, remand, preventive detention or detention pending extradition imposed in criminal proceedings.134 Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). 135 AS 2006 3583Book Two: Specific Provisions Title One: Offences against Life and Limb 1. Homicide Intentional homicide Art. 111 Any person who kills a person intentionally, but without fulfilling the special requirements of the following articles, shall be liable to a custodial sentence136 of not less than five years.136 Term in accordance with No II 1 para. 1 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Murder Art. 112137 Where the offender acts in a particularly unscrupulous manner, in which the motive, the objective or the method of commission is particularly depraved, the penalty is a custodial sentence for life or a custodial sentence of not less than ten years.138137 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).138 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Manslaughter Art. 113139 Where the offender acts in a state of extreme emotion that is excusable in the circumstances, or in a state of profound psychological stress, the penalty is a custodial sentence from one to ten years.140139 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).140 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Homicide at the request of the victim Art. 114141  Any person who for commendable motives, and in particular out of compassion for the victim, causes the death of a person at that person’s own genuine and insistent request shall be liable to a custodial sentence not exceeding three years or to a monetary penalty142 .141 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).142 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Inciting and assisting suicide Art. 115 Any person who for selfish motives incites or assists another to commit or attempt to commit suicide is, if that other person thereafter commits or attempts to commit suicide, liable to a custodial sentence not exceeding five years or to a monetary penalty143 .143 Term in accordance with No II 1 para. 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Infanticide Art. 116144  If a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, she shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.144 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).Homicide through negligence Art. 117 Any person who causes the death of another through negligence or recklessness shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2. Abortion Illegal abortion Art. 118145 1 Any person who terminates a pregnancy with the consent of the pregnant woman or incites or assists a pregnant woman to terminate her pregnancy without the requirements of Article 119 being fulfilled shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 Any person who terminates a pregnancy without the consent of the pregnant woman shall be liable to a custodial sentence of from one146 to ten years.3 Any woman who has her pregnancy terminated or otherwise participates in the termination of her pregnancy following the end of the twelfth week since her last period and without the requirements of Article 119 being fulfilled shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.4 Cases falling under paragraphs 1 and 3 above are subject to a limitation period of three years.147145 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002  (AS 2002 2989 2992; BBl 1998 3005 5376).146 Term in accordance with No II 1 para. 4 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.147 Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).Legal abortion Art. 119148 1 The termination of a pregnancy is exempt from penalty in the event that the termination is, in the judgment of a physician, necessary in order to be able to prevent the pregnant woman from sustaining serious physical injury or serious psychological distress. The risk must be greater the more advanced the pregnancy is.2 The termination of a pregnancy is likewise exempt from penalty if, at the written request of a pregnant woman, who claims that she is in a state of distress, it is performed within twelve weeks of the start of the pregnant woman’s last period by a physician who is licensed to practise his profession. The physician must have a detailed consultation with the woman prior to the termination and provide her with appropriate counselling.3 If the woman is incapable of judgement, the consent of her legal representative is required.4 The cantons designate the medical practices and hospitals that fulfil the requirements for the professional conduct of procedures to terminate pregnancy and for the provision of counselling.5 An abortion is reported for statistical purposes to the competent health authority, whereby the anonymity of the woman concerned is guaranteed and medical confidentiality is preserved.148 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002  (AS 2002 2989 2992; BBl 1998 3005 5376).Contraventions by physicians Art. 120149 1 Any physician who terminates a pregnancy in terms of Article 119 paragraph 2 and who fails, prior to the procedure:a. to obtain a written request from the pregnant woman;b. to discuss the termination in detail with the pregnant woman and to counsel her, to advise her of the risks of the procedure to her health, and to provide her with a written guide, the receipt of which she must acknowledge with her signature, that contains:1. a list of agencies that provide counselling free of charge,2. a list of associations and agencies that offer moral and material support, and3. information on the possibility of having the child adopted;c. to satisfy himself that a pregnant woman under 16 years of age has been in contact with a counselling agency specialised in dealing with young people.shall be liable to a fine150.2 Any physician who fails to report the termination of a pregnancy to the competent authority in accordance with Article 119 paragraph 5 shall be liable to the same penalty.149 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002  (AS 2002 2989 2992; BBl 1998 3005 5376).150 Term in accordance with No II 1 para. 5 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Art. 121151 151 Repealed by No I of the FA of 23 March 2001 (Abortion), with effect from 1 Oct. 2002 (AS 2002 2989; BBl 1998 3005 5376).3. Assault Serious assault Art. 122152 Any person who intentionally inflicts a life-threatening injury on another,any person who intentionally inflicts serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently,any person who intentionally causes any other serious damage to the person or to the physical or mental health of another,shall be liable to a custodial sentence of at least six months and no more than ten years.153152 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).153 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Common assault Art. 123154 1.  Any person who wilfully causes injury to the person or the health of another in any other way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.In minor cases, the court may impose a reduced penalty (Art. 48a).1552.  The penalty is a custodial sentence not exceeding three years or a monetary penalty, and the offender is prosecuted ex officio,if he uses poison, a weapon or a dangerous object,if he commits the act on a person, and in particular on a child, who is unable to defend himself, or is under his protection or in his care.if he is the spouse of the victim and the act was committed during the marriage or up to one year after divorce,156if he is the registered partner of the victim and the offence was committed during the period of the registered partnership or up to a year after its dissolution,157 orif he is the heterosexual or homosexual partner of the victim provided they have at any time cohabited and the act was committed at that time or up to one year after separation.158154 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).155 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).156 Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).157 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).158 Originally para. 4. Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). Female genital mutilation Art. 124159 1 Any person who mutilates the genitals of a female person, impairs their natural function seriously and permanently or damages them in some other way shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of no less than 180 daily penalty units.2 Any person who has committed the offence abroad but is now in Switzerland and is not extradited shall be liable to the foregoing penalties. Article 7 paragraphs 4 and 5 apply.159 Amended by No I of the FA of 30 Sept. 2011, in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).Assault through negligence Art. 125 1 Any person who causes injury to the person or the health of another through negligence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.1602 If the injury is serious, the offender is prosecuted ex officio.160 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Acts of aggression Art. 126 1 Any person who commits acts of aggression against another that do not cause any injury to the person or health shall be liable on complaint to a fine.2 The offender is prosecuted ex officio if he commits the offence repeatedly:a. on a person under his protection or in his care, and in particular on a child;b. on his spouse during the marriage or up to a year after divorce; orbbis.161 on his registered partner during the period of the registered partnership or up to a year after its dissolution; orc. on his heterosexual or homosexual partner provided they have at any time cohabited and the act was committed at that time or up to one year after separation.162161 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).162 Inserted by No I of the FA of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009). Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).4. Endangering the life or health of another Abandonment Art. 127163  Any person who exposes a helpless person under his protection or care to a life-threatening danger or to a serious and immediate danger to health, or abandons the person to such a danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.163 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).Failure to offer aid in an emergency Art. 128164 Any person who fails to offer aid to another whom he has injured or to another who is in immediate life-threatening danger, in circumstances where the person either could reasonably have been expected to offer aid,any person who prevents or hinders others from offering aid,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.164 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).False alarm Art. 128bis 165 Any person who wilfully and without good reason alerts a public or charitable security, rescue or emergency service, and in particular the police, fire or ambulance services shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.165 Inserted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).Endangering life Art. 129166  Any person who unscrupulously places another in immediate life-threatening danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.166 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).Art. 130–132167 167 Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).Brawling Art. 133168 1 Any person who participates in a brawl that results in the death of or in an assault causing injury shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 A participant in a brawl who acts exclusively in self-defence or in order to separate the other participants is not liable to a penalty.168 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).Attack Art. 134169 Any person who participates in an attack on one or more other persons which causes death or injury to a person attacked or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty170.169 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).170 Term in accordance with No II 1 para. 6 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Representations of acts of violence Art. 135171 1 Any person who produces, imports, stores, markets, promotes, exhibits, offers, shows, makes accessible or makes available sound, film or video recordings or other products in which acts of extreme violence against persons or animals are portrayed, without reasonable cultural or scientific grounds therefor, and in doing so seriously offends basic human dignity shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1bis Any person who acquires, procures by electronic or any other means, or possesses the recordings or other products mentioned in paragraph 1 above, provided these portray acts of violence against persons or animals shall be liable to a custodial sentence not exceeding one year or to a monetary penalty172.1732 The articles concerned are forfeited.3 If the offender acts for financial gain, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty.174171 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).172 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). The correction of the FA Drafting Committee of 25 Feb. 2020 concerns the French text only (AS 2020 623).173  Inserted by No I of the FA of 5 Oct. 2001 (Offences against Sexual Integrity; Prohibition of the Possession of hard-core Pornography), in force since 1 April 2002 (AS 2002 408 409; BBl 2000 2943).174 Term in accordance with No II 1 para. 7 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Administering substances capable of causing injury to children Art. 136175 Any person who administers or makes available for consumption to children under the age of 16 alcoholic beverages or other substances in such quantities as may endanger their health shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.175 Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).Title Two:176 Offences against Property 176 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).1. Offences against property Unlawful appropriation Art. 137 1.  Any person who for his own or for another's unlawful gain appropriates moveable property which belongs to another shall be liable, unless the special requirements of Articles 138-140 apply, to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the offender has found the property or if the property has inadvertently come into his possession,if he does not act for financial gain orif he acts only to the detriment of a relative or family member,the offence is prosecuted only on complaint.Misappropriation Art. 138 1.  Any person who for his own or another's unlawful gain appropriates moveable property belonging to another but entrusted to him,any person who makes unlawful use of financial assets entrusted to him for his own or another's benefit,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Misappropriation to the detriment of a relative or family member is prosecuted only on complaint.2.  Any person who commits the foregoing offence in his capacity as a member of a public authority, or as a public official, guardian, adviser, professional asset manager, or in the practice of a profession or a trade or the execution of a commercial transaction for which he has been authorised by a public authority, shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.177 177 Term in accordance with No II 1 para. 8 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Theft Art. 139 1.  Any person who for his own or for another's unlawful gain, appropriates moveable property belonging to another person with the object of permanently depriving the owner of it shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2.  The offender shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units178 if he commits theft on a regular basis for financial gain.3.  The offender shall be liable to a custodial sentence of at least six months and no more than ten years,179if he commits theft as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft,if he carries with him a firearm or other dangerous weapon for the purpose of committing theftor if he represents a particular danger in any other way due to the manner in which he commits theft.4.  Theft to the detriment of a relative or family member is prosecuted only on complaint.178 Term in accordance with No II 1 para. 9 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.179 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Robbery Art. 140 1. Any person who commits theft by using force on another, threatening another with imminent danger to life or limb, or making another incapable of resistance shall be liable to a custodial sentence of at least six months and no more than ten years.180Any person who, when caught in the act of committing theft, commits any of the coercive acts mentioned in the foregoing paragraph in order to retain the stolen property shall be liable the same penalties.2.  The offender shall be liable to a custodial sentence of not less than one year181 if he carries with him a firearm or other dangerous weapon for the purpose of committing robbery.3.  The offender shall be liable to a custodial sentence of not less than two years,if he commits robbery as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft,or if he represents a particular danger in any other way due to the manner in which he commits robbery.4.  The penalty is a custodial sentence of not less than five years, if the offender endangers the life of the victim, commits a serious assault on the victim or otherwise treats the victim with cruelty.180 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).181 Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Removal of property Art. 141 Any person who takes moveable property from the person entitled to it to the serious detriment of that person but without intending to permanently deprive the entitled person of it shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.Unlawful use of financial assets Art. 141bis Any person who for his own or another's benefit unlawfully uses financial assets that have inadvertently come into his possession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.Unlawful abstraction of energy Art. 142 1 Any person who unlawfully obtains energy from an installation that serves to exploit natural power, and in particular an electrical installation shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 If the offender acts for his own or for another's unlawful gain, he shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Unauthorised obtaining of data  Art. 143 1 Any person who for his own or for another's unlawful gain obtains for himself or another data that is stored or transmitted electronically or in some similar manner and which is not intended for him and has been specially secured to prevent his access shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 The unauthorised obtaining of data to the detriment of a relative or family member is prosecuted only on complaint.Unauthorised access to a data processing system Art. 143bis 182 1 Any person who obtains unauthorised access by means of data transmission equipment to a data processing system that has been specially secured to prevent his access shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 Any person who markets or makes accessible passwords, programs or other data that he knows or must assume are intended to be used to commit an offence under paragraph 1 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.182 Amended by Art. 2 No 1 of the Federal Decree of 18 March 2011 (Council of Europe Convention on Cybercrime), in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697).Criminal damage Art. 144 1 Any person who damages, destroys or renders unusable property belonging to another or in respect of which another has a right of use shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 If the offender has committed criminal damage in the course of a public riot, he is prosecuted ex officio.3 If the offender has caused major damage, a custodial sentence of from one to five years may be imposed. The offence is prosecuted ex officio.Damage to data Art. 144bis 1.  Any person who without authority alters, deletes or renders unusable data that is stored or transmitted electronically or in some other similar way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.If the offender has caused major damage, a custodial sentence of from one to five years may be imposed. The offence is prosecuted ex officio.2.  Any person who manufactures, imports, markets, advertises, offers or otherwise makes accessible programs that he knows or must assume will be used for the purposes described in paragraph 1 above, or provides instructions on the manufacture of such programs shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.If the offender acts for commercial gain, a custodial sentence of from one to five years may be imposed.Misappropriation and removal of property subject to a pledge or lien Art. 145 Any debtor who, with the intention of causing loss to his creditors, appropriates, uses without authority, damages, destroys, reduces the value of or renders unusable property subject to a pledge or lien shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.Fraud Art. 146 1 Any person who with a view to securing an unlawful gain for himself or another wilfully induces an erroneous belief in another person by false pretences or concealment of the truth, or wilfully reinforces an erroneous belief, and thus causes that person to act to the prejudice of his or another's financial interests, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 If the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.3 Fraud to the detriment of a relative or family member is prosecuted only on complaint.Computer fraud Art. 147 1 Any person who with a view to his own or another's unlawful gain, by the incorrect, incomplete or unauthorised use of data, or in a similar way, influences the electronic or similar processing or transmission of data and as a result causes the transfer of financial assets, thus occasioning loss to another, or immediately thereafter conceals such a transfer shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 If the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.3 Computer fraud to the detriment of a relative or family member is prosecuted only on complaint.Misuse of a cheque card or credit card Art. 148 1 Any person who with a view to obtaining services of a financial value and although incapable of making or unwilling to make payment uses a cheque card or credit card or similar means of payment that has been entrusted to him by the issuer thereof and thus causes loss to the issuer, shall be liable, provided the issuer and the contracting enterprise have taken reasonable measures in order to prevent the abuse of the card, to a custodial sentence not exceeding five years or to a monetary penalty.2 If the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.Unlawful claim for social insurance or social assistance benefits Art. 148a183 1 Any person who misleads a another by providing false or incomplete information, failing to disclose information or in any other way or who compounds an existing error so that he or an associate obtains social insurance or social assistance benefits to which he or his associate is not entitled shall be liable to a custodial sentence not exceeding one year or to monetary penalty.2 In minor cases, the penalty is a fine.183 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).Making off from a hotel, restaurant or bar without payment Art. 149 Any person who accepts accommodation, food or drink or other services in a hotel, restaurant, bar or similar premises and dishonestly makes off without making payment therefor shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.Obtaining a service without payment Art. 150 Any person who obtains a service without paying, knowing that the service is only rendered against payment, and in particularmakes use of public transport,attends public performances, exhibitions or similar events,or obtains services from a data processing device or a vending machine,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.Production and marketing of equipment for the unauthorised decoding of encoded services Art. 150bis 184 1 Any person who manufactures, imports, exports, transports, markets or installs equipment, the components or data processing programs of which are designed and are suitable for the unauthorised decoding of encoded television or radio programmes or telecommunications services shall be liable on complaint to a fine.1852 An attempt to commit the foregoing offence or complicity in the same is also an offence.184 Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405).185 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Maliciously causing financial loss to another Art. 151 Any person who without a view to gain, by making representations or suppressing information, wilfully misleads another or wilfully reinforces an erroneous belief with the result that the person in error acts in such a way that he or another incurs a financial loss shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.False statements about commercial business Art. 152 Any person who, whether as founder, proprietor, partner with unlimited liability, authorised representative or member of the management board or the board of directors, or as an auditor or liquidator of a trading company, a co-operative or any other enterprise which carries on commercial business,makes or causes to be made to all the company members, partners or co-operative members, or to the participants in any other commercial enterprise a false or incomplete statement of substantial significance by means of a public announcement or notice, report or presentation that could cause another to dispose of his own assets in such a way that he sustains financial loss,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.False statements to the commercial register authorities Art. 153 Any person who causes an authority responsible for the Commercial Register to make a false entry in the Register or withholds from such an authority information which is required to be entered in the Register shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Art. 154 RepealedCounterfeiting of goods Art. 155 1.  Any person who with a view to deceiving another in trade or businessmanufactures a product which appears to have a higher commercial value than its true commercial value, in particular by being an imitation or counterfeit version of another product,or imports, stores or markets such a product,shall be liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the offender acts for commercial gain, he shall be liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding five years or to a monetary penalty.186186 Amended by No I 1 of the FA of 3 Oct. 2008 on the Implementation of the Revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009  (AS 2009 361 367; BBl 2007 6269).Extortion Art. 156 1.  Any person who, with a view to securing an unlawful gain for himself or for another, induces another person by using violence or the threat of seriously detrimental consequences to behave in such a way that he or another sustains financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2.  If the offender acts for commercial gain, or if he repeatedly commits the offence against the same person,he shall be liable to a custodial sentence of from one to ten years.3.  If the offender uses violence against another or if he threatens another with an immediate danger to life and limb, a penalty in accordance with Article 140 hereof is imposed.4.  If the offender threatens to endanger the life and limb of a large number of persons or to cause serious damage to property in which there is a substantial public interest, he shall be liable to a custodial sentence of not less than one year187.187 Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Profiteering Art. 157 1.  Any person who for his own or another's financial gain or the promise of such gain, exploits the position of need, the dependence, the weakness of mind or character, the inexperience, or the foolishness of another person to obtain a payment or service which is clearly disproportionate to the consideration given in return,any person who acquires a debt originating from an act of profiteering and sells or enforces the same,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2.  If the offender acts for commercial gain, he shall be liable to a custodial sentence of from one to ten years.Criminal mismanagement Art. 158 1.  Any person who by law, an official order, a legal transaction or authorisation granted to him, has been entrusted with the management of the property of another or the supervision of such management, and in the course of and in breach of his duties causes or permits that other person to sustain financial loss shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Any person who acts in the same manner in his capacity as the manager of a business but without specific instructions shall be liable to the same penalty.If the offender acts with a view to securing an unlawful financial gain for himself or another, a custodial sentence of from one to five years may be imposed.2.  Any person who, with a view to securing an unlawful gain for himself or another, abuses the authority granted to him by statute, an official order or a legal transaction to act on behalf of another and as a result causes that other person to sustain financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.3.  Criminal mismanagement to the detriment of a relative or family member is prosecuted only on complaint.Misuse of salary deductions Art. 159 Any employer who breaches his obligation to make use of a deduction from an employee's salary for the payment of taxes, duties, insurance premiums or contributions or in any other way for the benefit of the employee and thus causes loss to the employee shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Handling stolen goods Art. 160 1. Any person who takes possession of, accepts as a gift or as the subject of a pledge, conceals, or assists in the disposal of goods which he knows or must assume have been acquired by way of an offence against property shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.The offender shall be liable to the penalty applicable to the original offence if that penalty is reduced.If the original offence is prosecuted only on complaint, the handling of stolen goods is prosecuted only if a complaint has been made in respect of the original offence.2.  If the offender acts for commercial gain, he shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.Art. 161188 188 Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013  (AS 2013 1103; BBl 2011 6873).Art. 161bis 189 189 Inserted by Art. 46 of the Stock Exchange Act of 24 March 1995 (AS 1997 68;  BBl 1993 I 1369). Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).2. Breach of manufacturing or trade secrecy Art. 162 Any person who betrays a manufacturing or trade secret that he is under a statutory or contractual duty contract not to reveal,any person who exploits for himself or another such a betrayal,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.3. Bankruptcy and debt collection felonies or misdemeanours Fraudulent bankruptcy and fraud against seizure Art. 163 1.  Any debtor who fictitiously reduces his assets to the prejudice of his creditors, and in particulardisposes of or conceals assets,creates fictitious debts,accepts fictitious claims as valid or arranges for the enforcement of such claims,shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.2.  Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable a custodial sentence not exceeding three years or to a monetary penalty.Reduction of assets to the prejudice of creditors Art. 164 1.  Any debtor who reduces his assets to the detriment of his creditors bydamaging, destroying or reducing the value of any assets or rendering them unusable,disposing of any assets for no consideration or for a consideration that is clearly negligible in value,or by waiving, without material grounds, any rights which may accrue thereon or by renouncing rights for no consideration,shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.2.  Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty..Mismanagement Art. 165 1.  Any debtor who in a manner other than that in Article 164 through mismanagement, in particular through inadequate capital provision, excessive expenditure, hazardous speculation, the negligent granting or use of credit, the squandering of assets or gross negligence in the exercise of his profession or the management of his assets,causes or aggravates his excessive indebtedness, causes his insolvency or, in the knowledge that he is unable to pay, prejudices his financial situation,shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims is issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty.2.  Any debtor whose assets have been seized is prosecuted solely on the complaint of a creditor who has obtained a certificate of unsatisfied claims against him.The complaint must be filed within three months of receipt of the certificate of unsatisfied claims.Any creditor who has induced a debtor to incur irresponsible debts, unreasonable expenditure or to enter into hazardously speculative transactions, or who has exploited the debtor usuriously, is barred from filing a complaint.Failure to keep proper accounts Art. 166 Any debtor who fails to comply with a statutory obligation to which he is subject to keep and preserve business accounts or draw up a balance sheet, with the result that his financial position is not or not fully ascertainable, shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect following a seizure of assets in accordance with Article 43 of the Federal Act of 11 April 1889190 on Debt Enforcement and Bankruptcy (DEBA), to a custodial sentence not exceeding three years or to a monetary penalty.190 SR 281.1Undue preference to creditors Art. 167 Any debtor who, in the knowledge of his inability to pay and with a view to showing preference to some of his creditors to the prejudice of others, acts in order to achieve such an aim, and in particular pays debts that are not due for payment, pays due debts in a way that differs from the normal methods, or provides security for a debt from his own means when he is not obliged to do so, shall be liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding three years or to a monetary penalty.Subornation in enforcement proceedings Art. 168 1 Any person who gives or promises a creditor or his representative special advantages in order to obtain his vote at the creditors' meeting or on the creditors' committee, or to obtain his consent to or rejection of a judicial composition agreement shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 Any person who gives or promises the administrator in bankruptcy, a member of the bankruptcy administration, the Commissioner, or the liquidator special advantages in order to influence his decisions shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.3 Any person who causes another to give or promise such advantages shall be liable the same penalty.Disposal of seized assets Art. 169 Any person who without proper authority and to the prejudice of his creditors disposes of an assetthat has been officially seized or attached,that has been officially recorded in debt recovery, bankruptcy or retention proceedings, orthat forms part of property that has been ceded in a liquidation settlementor damages, destroys, reduces the value of, or renders unusable such an asset,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Obtaining a judicial composition agreement by fraud Art. 170 Any debtor who misleads his creditors, the Commissioner, or the debt collection authorities, in particular by false accounting or drawing up a false balance sheet, in order to obtain a moratorium of debt enforcement or the approval of a judicial composition agreement,any third party who acts in the foregoing manner for the benefit of the debtor,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Judicial composition agreement Art. 171 1 Articles 163 paragraph 1, 164 paragraph 1, 165 paragraph 1, 166 and 167 also apply in the event that a judicial composition agreement has been approved and adopted.2 If the debtor or a third party in terms of Articles 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of a judicial composition agreement, the competent authority may waive any prosecution, referral to court or the imposition of a penalty.Revocation of bankruptcy Art. 171bis 1 If the bankruptcy proceedings are revoked (Art. 195 DEBA191), the authorities responsible may waive any prosecution, referral to court or the imposition of any penalties.2 If a judicial composition agreement is concluded, paragraph 1 above applies only if the debtor or the third party in terms of Article 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of the agreement.191 SR 281.14. General provisions Art. 172192 192 Repealed by No II 3 of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007  (AS 2006 3459 3535; BBl 1999 1979).Art. 172bis193 193 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Minor offences against property Art. 172ter 1 Where the offence relates only to a minor asset value or where only a minor loss is incurred, the offender shall be liable on complaint to a fine.2 This provision does not apply to aggravated theft (Art. 139 para. 2 and 3), robbery or extortion.Title Three: Offences against Personal Honour and in Breach of Secrecy or Privacy194 194 Amended by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).1. Offence against personal honour Defamation Art. 173195 1.  Any person who in addressing a third party, makes an accusation against or casts suspicion on another of dishonourable conduct or of other conduct that shall be liable to damage another's reputation,any person who disseminates such accusations or suspicions,shall be liable on complaint to a monetary penalty.1962.  If the accused proves that the statement made or disseminated by him corresponds to the truth or that he had substantial grounds to hold an honest belief that it was true, he is not liable to a penalty.3.  The accused is not permitted to lead evidence in support of and is criminally liable for statements that are made or disseminated with the primary intention of accusing someone of disreputable conduct without there being any public interest or any other justified cause, and particularly where such statements refer to a person’s private or family life.4.  If the offender recants his statement, the court may impose a more lenient penalty or no penalty at all.5.  If the accused is unable to prove the truth of his statement, or if it is shown to be untrue, or if the accused recants his statement, the court must state this in its judgment or in another document.195 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16;  BBl 1949 I 1249).196 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Wilful defamation Art. 174 1.  A person in addressing a third party, and knowing his allegations to be untrue, makes an accusation against or casts suspicion on another of dishonourable conduct, or of other conduct that shall be liable to damage another's reputation,any person who disseminates such accusations or suspicions, knowing them to be untrue,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the offender has acted systematically to undermine the good reputation of another, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.1973.  If the offender recants his statement before the court on the grounds that it is untrue, the court may impose a more lenient penalty. The court must provide the person harmed with a document confirming the recantation.197 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Defamation of a deceased person or of a person missing presumed dead Art. 175 1 If the defamation, whether wilful or not, is directed at a person who is deceased or who has been declared missing presumed dead, the relatives of the deceased person or the person missing presumed dead are entitled to apply for prosecution.2 No offence is committed if, at the time of the statement being made, the deceased person has been dead or the missing person missing for more than 30 years.General provision Art. 176 Verbal defamation, whether wilful or not, is regarded as the equivalent of defamatory statements made in writing, in pictures, by gestures or in any other manner.Insult Art. 177 1 Any person who attacks the honour of another verbally, in writing, in pictures, through gestures or through acts of aggression shall be liable on complaint to a monetary penalty not exceeding 90 daily penalty units.1982 If the insulted party has directly provoked the insult by improper behaviour, the court may dispense with imposing a penalty on the offender.3 If there is an immediate response to the insult by way of a retaliatory insult or act of aggression, the court may dispense with imposing a penalty on either or both offenders.198 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Limitation Art. 178 1 The right to prosecute misdemeanours against personal honour is subject to a limitation period of four years.1992 Article 31 applies to the expiry of the right to file a complaint.200199 Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).200 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).2.201 Offences in breach of privacy or secrecy 201 Amended by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).Breach of the privacy of a sealed document Art. 179 Any person who without authority opens a sealed document or sealed mail in order to obtain knowledge of its content,any person who disseminates or makes use of information he has obtained by opening a sealed document or sealed mail that was not intended for him,shall be liable on complaint to a fine.Listening in on and recording the conversations of others Art. 179bis 202 Any person who by using a listening device and without the permission of all those participating, listens in on a private conversation between other persons, or records such a conversation on a recording device,any person who makes use of information that he knows or must assume has come to his knowledge as the result of an offence under the above paragraph or makes such information known to a third party,any person who stores or allows a third party access to a recording that he knows or must assume has been made as the result of an offence under paragraph 1 above,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.202 Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).Unauthorised recording of conversations Art. 179ter 203 Any person who, as a participant in a private conversation, records the conversation on a recording device without the permission of the other participants,any person who stores or makes use of a recording, makes the recording available or discloses its content to a third party when he knows or must assume that the recording has been made as the result of an offence under paragraph 1 above,shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.204203 Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).204 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Breach of secrecy or privacy through the use of an image-carrying device Art. 179quater 205 Any person who observes with a recording device or records with an image-carrying device information from the secret domain of another or information which is not automatically accessible from the private domain of another,any person who makes use of information or makes information known to a third party, which he knows or must assume has been produced as a result of an offence under paragraph 1 above,any person who stores or allows a third party access to a recording that he knows or must assume has been made as the result of an offence under paragraph 1 above,shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.205 Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).Legal recordings Art. 179quinquies 206 1 Persons who as participants in the conversation or subscribers to a participating line record calls:a. with the emergency, rescue or security services; orb. in the course of business that have orders, assignments, reservations and similar transactions as their subject matter.are not liable to a penalty under Article 179bis paragraph 1 or Article 179ter paragraph 1.2 Article 179bis paragraphs 2 and 3 and 179ter paragraph 2 apply by analogy to the use of recordings in accordance with paragraph 1 above.206 Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by No I of the FA of 3 Oct. 2003, in force since 1 March 2004 (AS 2004 823 824;  BBl 2001 2632 5816).Marketing and promotion of devices for unlawful listening or sound or image recording Art. 179sexies 207 1.  Any person who manufactures, imports, exports, acquires, stores, possesses, transports, passes on to another, sells, leases, lends or in any other manner markets, promotes or provides instruction on the manufacture of technical devices which are in particular intended for unlawful listening or the unlawful making of sound or image recordings,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the offender acts on behalf of a third party, that third party shall be liable to the same penalty as the offender provided he was aware that the offence was being committed and failed to use his best efforts to prevent the commission of the offence.If the third party is a legal entity, a general or limited partnership or a sole proprietorship208, paragraph 1 above applies to those persons who acted or should have acted on behalf of that entity.207 Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).208 Terminological amendment relevant only to the German text.Misuse of a telecommunications installation Art. 179septies 209 Any person who uses a telecommunications installation maliciously or mischievously in order to cause distress to or harass another, shall be liable on complaint to a fine.209 Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405).Official surveillance, exempted acts Art. 179octies 210 1 Any person who, in the exercise of express statutory powers, orders or carries out the surveillance of the post or telecommunications of another or makes use of technical surveillance devices (Art. 179bis ff.) does not commit an offence provided that the approval of the appropriate court is obtained without delay.2 The requirements for the surveillance of post or telecommunications and the procedure therefor is governed by the Federal Act of 6 October 2000211 on the Surveillance of Post and Telecommunications.210 Inserted by No VII of the FA of 23 March 1979 on the Protection of Personal Privacy  (AS 1979 1170; BBl 1976 I 529 II 1569). Amended by Annex No 1 of the FA of 6 Oct. 2000 on the Surveillance of Post and Telecommunications, in force since 1 Jan. 2002 (AS 2001 3096; BBl 1998 4241).211 [AS 2001 3096, 2003 2133 Annex No 18 3043 No I 2, 2004 2149 3693, 2006 2197 Annex No 84 5437 Art. 2 No 3, 2007 921 Annex No 3 5437 Annex No II 7, 2010 1881 Annex 1 No II 26 3267 Annex No II 14, 2012 3745 Annex No 7, 2017 4095 Annex No II 12. AS 2018 117]. See now: the FA of 18 March 2016 (SR 780.1).Obtaining personal data without authorisation Art. 179novies 212 Any person who without authorisation obtains from a data collection personal data or personality profiles that are particularly sensitive and that are not freely accessible shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.212 Inserted by Annex No 4 of the FA of 19 June 1992 on Data Protection, in force since 1 July 1993 (AS 1993 1945; BBl 1988 II 413).Title Four: Felonies and Misdemeanours against Liberty Threatening behaviour Art. 180 1 Any person who places another in a state of fear and alarm by making a serious threat shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 The offender is prosecuted ex officio if he:a. is the spouse of the victim and the threat was made during the marriage or within one year of divorce; orabis.213 is the registered partner of the victim and the threat was made during the registered partnership or within one year of its dissolution; orb. is the heterosexual or homosexual partner of the victim, provided they are cohabiting for an unlimited period and the threat was made during this time or within one year of separation.214213 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).214 Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004  (AS 2004 1403 1407; BBl 2003 1909 1937).Coercion Art. 181 Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Forced marriage, forced registered partnership Art. 181a215 1 Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to enter into a marriage or to have a same-sex partnership registered shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 Any person who commits the foregoing offence abroad but is now in Switzerland and is not being extradited shall be liable to the same penalty. Article 7 paragraphs 4 and 5 apply.215 Inserted by No I 6 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).Trafficking in human beings Art. 182216 1 Any person who as a supplier, intermediary or customer engages in the trafficking of a human being for the purpose of sexual exploitation, exploitation of his or her labour or for the purpose of removing an organ shall be liable to a custodial sentence or to a monetary penalty. The soliciting of a person for these purposes is equivalent to trafficking.2 If the victim is a minor217 or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year.3 In every case, a monetary penalty must also be imposed.4 Any person who commits the act abroad is also guilty of an offence. Articles 5 and 6 apply.216 Amended by Art. 2 No 1 of the Federal Decree of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).217 AS 2012 7501False imprisonment and abduction Art. 183218 1.  Any person who unlawfully arrests or holds another prisoner or otherwise unlawfully deprives another of his liberty,any person who, by the use of force, false pretences or threats, abducts another,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2.  Any person who abducts a person who is incapable of judgement or resistance or who is under the age of sixteen, shall be liable the same penalty.218 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).Aggravating circumstances Art. 184219 The penalty for false imprisonment and abduction is a custodial sentence of not less than one year,if the offender attempts to obtain a ransom,if he treats the victim with cruelty,if the deprivation of liberty lasts for a period in excess of ten days orif the health of the victim is seriously endangered.219 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).Hostage taking Art. 185220 1.  Any person who deprives another of his liberty, or abducts or otherwise seizes another in order to coerce a third party to carry out an act, abstain from carrying out an act or tolerate an act,any person who exploits a situation created in the foregoing manner by another in order so to coerce a third party,shall be liable to a custodial sentence of not less than one year .2.  The penalty is a custodial sentence of not less than three years if the offender threatens to kill or seriously injure the victim or to treat the victim with cruelty.3.  In particularly serious cases, and in particular if the act involves several victims, the offender shall be liable to a custodial sentence of life.4.  If the offender abandons the coercion and releases the victim, a reduced penalty may be imposed (Art. 48a).2215.  Any person who commits the offence abroad is also liable to the foregoing penalties provided he is arrested in Switzerland and not extradited. Article 7 paragraphs 4 and 5 apply.222220 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).221 Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).222 Second sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Enforced disappearance Art. 185bis 223 1 Any person who with the intention of removing a person from the protection of the law for a prolonged period of time:a. on behalf of or with the acquiescence of a State or political organisation, deprives that person of their liberty, and thereafter refuses to give information as to their fate or whereabouts; orb. on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information as to the fate or whereabouts of the person concerned.shall be liable to a custodial sentence of not less than one year.2 Any person who commits the offence abroad is also liable to the foregoing penalty provided they are now in Switzerland and are not extradited. Article 7 paragraphs 4 and 5 apply.223 Inserted by Annex 2 No 1 of the Federal Decree of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).Unlawful entry Art. 186 Any person who, against the will of the lawful occupants enters a building, an apartment, a self-contained room within a building, an enclosed area, courtyard or garden forming a direct part of a building, or a clearly demarcated workplace or, despite requests from the lawful occupants to leave, remains in such a location, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.Title Five:224  Offences against Sexual Integrity 224 Amended by No 1 of the FA of 21 June 1991, in force since 1 Oct. 1992 (AS 1992 1670 1678; BBl 1985 II 1009).1. Endangering the development of minors Sexual acts with children Art. 187 1.  Any person who engages in a sexual act with a child under 16 years of age, or,incites a child to commit such an activity, orinvolves a child in a sexual act,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2.  No penalty may be imposed if the difference in age between the persons involved is three years or less.3.  If the offender has not reached the age of 20 at the time of the act or the first of the acts, and if there are special circumstances, or if the child is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.2254.  If the offender acts under the misconception that the child is 16 years of age or older, but he would not have made this error had he exercised due care, the penalty is a custodial sentence not exceeding three years or a monetary penalty.5.  ...2266.  ...227225 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015  (AS 2014 2055;  BBl 2012 8819).226 Repealed by No I of the FA of 21 March 1997, with effect from 1 Sept. 1997  (AS 1997 1626; BBl 1996 IV 1318 1322).227 Inserted by No I of the FA of 21 March 1997 (AS 1997 1626; BBl 1996 IV 1318 1322). Repealed by No I of the FA of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children), with effect from 1 Oct. 2002  (AS 2002 2993; BBl 2000 2943).Sexual acts with dependent persons Art. 188 1.  Any person who commits a sexual act by exploiting his or her relationship with a minor over the age of 16 who is dependent on him due to a relationship arising from the minor's education, care or employment or another form of dependent relationship,any person who encourages such a minor to commit a sexual act by exploiting such a relationship,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the minor is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.228228 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).2. Offences against sexual liberty and honour Indecent assault Art. 189 1 Any person who uses threats, force or psychological pressure on another person or makes that other person incapable of resistance in order to compel him or her to tolerate a sexual act similar to intercourse or any other sexual act shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.2 ...2293 If the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.230229 Repealed by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), with effect from 1 April 2004  (AS 2004 1403 1407; BBl 2003 1909 1937).230 Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004  (AS 2004 1403 1407; BBl 2003 1909 1937).Rape Art. 190 1 Any person who forces a person of the female sex by threats or violence, psychological pressure or by being made incapable of resistance to submit to sexual intercourse shall be liable to a custodial sentence of from one to ten years.2 ...2313 If the offender acts with cruelty, and if in particular he makes use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than three years.232231 Repealed by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), with effect from 1 April 2004  (AS 2004 1403 1407; BBl 2003 1909 1937).232 Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004  (AS 2004 1403 1407; BBl 2003 1909 1937).Sexual acts with persons incapable of judgement or resistance Art. 191 Any person who, in the knowledge that another person is incapable of judgement or resistance, has sexual intercourse with, or commits an act similar to sexual intercourse or any other sexual act on that person shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.Sexual acts with persons in institutional care, prisoners and persons on remand Art. 192 1 Any person who, by abusing a dependent relationship with a person in institutional care, an inmate of an institution, a prisoner, a detainee or a person on remand, induces the dependent person to commit or submit to a sexual act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 If the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.233233 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).Exploitation of a person in a position of need or dependency Art. 193 1 Any person who induces another to commit or submit to a sexual act by exploiting a position of need or a dependent relationship based on employment or another dependent relationship shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 If the person harmed is the spouse or registered partner of the offender, the responsible authority may dispense with prosecution, referral to the court or the imposition of a penalty.234234 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).Indecent conduct Art. 194 1 Any person who engages in an act of indecent conduct shall be liable on complaint to a monetary penalty.2352 If the offender undergoes medical treatment, the criminal proceedings may be suspended. They may be resumed if the offender refuses to continue treatment.235 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).3. Exploitation of sexual acts Encouraging prostitution Art. 195236 Any person who a.  induces a minor into prostitution or encourages a minor in his or her prostitution with the intention of securing a financial advantageb.  induces a person into prostitution by exploiting his or her dependence or a financial advantage,c.  restricts the freedom to act of a prostitute by supervising him or her in the course of his or her activities or by exercising control over the location, time, volume or other aspects of his or her work as a prostitute or,d.  makes a person remain a prostitute against his or her will,shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.236 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).Sexual acts with minors against payment Art. 196237 Any person who carries out sexual acts with a minor or induces a minor to carry out such acts and who makes or promises payment in return shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.237 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).4. Pornography Art. 197238 1 Any person who offers, shows, passes on or makes accessible to a person under the age of 16 pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances, or broadcasts any of the same on radio or television shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  Any person who exhibits in public items or performances as described in paragraph 1 above or shows or otherwise offers the same unsolicited to others shall be liable to a fine. Any person who, in advance, draws the attention of visitors to private exhibitions or performances to their pornographic character does not commit an offence.3 Any person who recruits or causes a minor to participate in a pornographic performance shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.4 Any person who produces, imports, stores, markets, advertises, exhibits, offers, shows, passes on or makes accessible to others, acquires, or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding five years or a monetary penalty.5 Any person who consumes or who for his or her own consumption produces, imports, stores, acquires or procures or possesses via electronic media or otherwise items or performances as described in paragraph 1 above that contain sexual acts involving animals, acts of violence involving adults or non-genuine sexual acts with minors shall be liable to a custodial sentence not exceeding one year or to a monetary penalty. If the items or performances contain genuine sexual acts with minors, the penalty is a custodial sentence not exceeding three years or a monetary penalty.6 In the case offences under paragraphs 4 and 5, the items shall be forfeited.7 If the offender acts for financial gain, the custodial sentence must be combined with a monetary penalty.8 Minors over the age of 16 are not liable to any penalty if by mutual consent they produce items or performances as described in paragraph 1 above that involve each other, or possess or consume such items or performances.9 Items or recordings as described in paragraphs 1–5 above are not regarded as pornographic if they have a cultural or scientific value that justifies their protection by law.238 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).5. Contraventions against sexual integrity Sexual harassment Art. 198 Any person who causes offence by performing a sexual act in the presence of another who does not expect it,any person who sexually harasses another physically or through the use of indecent language,shall be liable on complaint to a fine.Unauthorised practice of prostitution Art. 199 Any person who violates the cantonal regulations on the permitted locations or times at which prostitution may be practised or the manner in which it may be practised, or on the prevention of related public nuisance shall be liable to a fine.6. Joint commission Art. 200 Where any person commits an offence under this Title jointly with one or more others, the court may increase the penalty imposed, but may not exceed the standard maximum penalty for the offence by more than an additional half. The court, in imposing the penalty, is bound by the statutory maximum penalty for the type offence in question.Art. 201–212239 239 These repealed articles have (with the exception of Art. 211) been replaced by Articles 195, 196, 197, 198, 199 (see Commentary on Dispatch No 23; BBl 1985 II 1009). Art. 211 has been deleted without replacement.Title Six: Felonies and Misdemeanours against the Family Incest Art. 213240 1 Any person who has sexual intercourse with a blood relative in direct line or with a brother or sister, or a half-brother or half-sister shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 Minors are not liable to any penalty provided they have been induced to commit the act.3 ...241240 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).241 Repealed by No I of the FA of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children; AS 2002 2993; BBl 2000 2943).Art. 214242 242 Repealed by No I of the FA of 23 June 1989, with effect from 1 Oct. 2002 (AS 1989 2449; BBl 1985 II 1009).Bigamy Art. 215243 Any person who marries or enters into a registered same-sex partnership when he is already married or living in a registered same-sex partnership,any person who marries or enters into a registered same-sex partnership with a person who is already married or living in a registered same-sex partnership,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.243 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).Art. 216244 244 Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).Repealed by No I of the FA of 23 June 1989  (AS 1989 2449; BBl 1985 II 1009).Neglect of duty to support the family Art. 217245 1 Any person who fails to fulfil his or her family law duties to provide maintenance or support although he or she has or could have the means to do so, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.2 The authorities and agencies appointed by the cantons also have the right to file a complaint. In exercising this right, they shall take account of the interests of the family.245 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).Art. 218246 246 Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).Neglect of duties of care, supervision or education Art. 219247 1 Any person who violates or neglects his or her duties of supervision and education towards a minor and thus endangers the minor's physical or mental development, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 If the person concerned acts through negligence, a fine may be imposed instead of a custodial sentence or a monetary penalty.248247 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).248 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Abduction of minors Art. 220249 Any person who removes a minor from or refuses to return a minor to the person holding the right to decide on the minor's place of residence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.249 Amended by Annex No 4 of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).Title Seven: Felonies and Misdemeanours constituting a Public Danger Arson Art. 221 1 Any person who wilfully causes a fire and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence of not less than one year.2 If the offender wilfully endangers the life and limb of others, the penalty is a custodial sentence of not less than three years.3 If the damage caused is minor, the penalty may be reduced to a custodial sentence of up to three years or to a monetary penalty.Negligent arson Art. 222 1 Any person who causes a fire through negligence and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 If the offender through negligence endangers the life and limb of others, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Causing an explosion Art. 223 1.  Any person who wilfully causes an explosion involving gas, petrol, paraffin or a similar substance and thus knowingly endangers the life and limb or property of others shall be liable to a custodial sentence of not less than one year. If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Misuse of explosives and toxic gases with criminal intent Art. 224 1 Any person who wilfully and with criminal intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence of not less than one year.2 If only an insignificant danger to property is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.Misuse of explosives or toxic gases without criminal intent or through negligence Art. 225 1 Any person who wilfully but without criminal intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 In minor cases, a fine may be imposed.Manufacture, concealment and transport of explosives and toxic gases Art. 226 1 Any person who manufactures explosives or toxic gases that he knows or must assume are intended to be used to commit a felony shall be liable to a custodial sentence of at least six months and no more than ten years.2502 Any person who procures, passes on to another, accepts from another, safeguards, conceals or transports explosives, toxic gases or substances suitable for their manufacture shall be liable, if he knows or must assume that they are intended to be used to commit a felony, to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units251.3 Any person who instructs another person on how to manufacture explosives or toxic gases when he knows or must assume that that person is planning to use the explosives or toxic gases to commit a felony shall be liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units.250 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).251 Term in accordance with No II 1 para. 14 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Causing danger by means of nuclear energy, radioactivity or ionising radiation Art. 226bis 252 1 Any person who wilfully causes serious danger to the life or the health of people or to the property of others by means of nuclear energy, radioactive substances or ionising radiation shall be liable to a custodial sentence or a monetary penalty. A custodial sentence must be combined with a monetary penalty.2 If the offender acts through negligence, he shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.252 Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003, in force since 1 Feb. 2005 (RO 2004 4719; BBl 2001 2665).Preparatory offences Art. 226ter 253 1 Any person who systematically carries out specific technical or organisational preparations for acts intended to cause danger to the life or the health of people or to the property of others by means of nuclear energy, radioactive substances or ionising radiation of substantial value shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.2 Any person who manufactures, procures, passes on to another, accepts from another, stores, conceals or transports radioactive substances, equipment, apparatus or articles that contain radioactive substances or may emit ionising radiation shall be liable, if he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding ten years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.3 Any person who instructs another person on how to manufacture such substances, equipment, apparatus or articles shall be liable, if he knows or must assume that they are intended for unlawful use, to a custodial sentence not exceeding five years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.253 Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003, in force since 1 Feb. 2005 (RO 2004 4719; BBl 2001 2665).Causing a flood, collapse or landslide Art. 227 1.  Any person who wilfully causes a flood, the collapse of a structure or a landslide or rock fall and thus knowingly endangers the life and limb of people or the property of others shall be liable to a custodial sentence of not less than one year.If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Criminal damage to electrical installations, and hydraulic or protective structures Art. 228 1.  Any person who wilfully damages or destroys electrical installations, hydraulic structures such as dams, weirs, dikes, and floodgates, structures erected to provide protection against natural forces such as landslides or avalanches, and thus knowingly endangers the life and limb of people or the property of others, shall be liable to a custodial sentence of not less than one year.If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Violation of construction regulations Art. 229 1 Any person engaged in the management or execution of construction or demolition work who wilfully disregards the accepted rules of construction and as a result knowingly endangers the life and limb of others shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty. 2 If the offender disregards the accepted rules of construction through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Removal or non-installation of safety devices Art. 230 1.  Any person who wilfully damages, destroys, removes, otherwise renders unusable or deactivates a safety device which serves to prevent accidents in a factory or other commercial premises or on a machine, who wilfully fails to install such a device in violation of the regulations,and thus knowingly endangers the life and limb of other people,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Title Eight:  Felonies and Misdemeanours against Public Health Causing danger by means of genetically modified or pathogenic organisms Art. 230bis 254 1 Any person who wilfully releases genetically modified or pathogenic organisms or the disrupts the operation of a facility for the research into, or the safeguarding, production or transport of such organisms shall be liable to a custodial sentence not exceeding ten years, provided he knows or must assume that through his acts:a. he will endanger the life and limb of people; orb. the natural composition of communities of animals and plants or their habitats will be seriously endangered.2 If the offender acts through negligence, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.254 Inserted by Annex No 1 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (RO 2003 4803; BBl 2000 2391).Transmission of human diseases Art. 231255 1.  Any person who maliciously transmits a dangerous communicable human disease shall be liable to a custodial sentence of from one to five years.255 Amended by Art. 86 No 1 of the Epidemics Act of 28 Sept. 2012, in force since 1 Jan. 2016 (AS 2015 1435; BBl 2011 311).Transmission of an epizootic disease Art. 232 1.  Any person who wilfully causes the transmission of an epizootic disease among domestic animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Propagation of harmful parasites Art. 233 1.  Any person who wilfully propagates a parasite or micro-organism that constitutes a danger to agriculture or forestry, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Contamination of drinking water Art. 234 1 Any person who wilfully contaminates drinking water intended for people or domestic animals with substances that are damaging to health shall be liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 30 daily penalty units.2 If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Production of harmful animal feed Art. 235 1.  Any person who wilfully produces or treats animal feed or feedstuffs for domestic animals in such a way that they constitute a danger to the health of animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.If the offender carries on a commercial operation to produce or treat animal feed that is harmful to animals, the penalty is a custodial sentence not exceeding three years or a monetary penalty of not less than 30 daily penalty units. A custodial sentence must be combined with a monetary penalty.256 In such cases, public notice is given of the conviction.2.  If the person concerned acts through negligence, the penalty is a fine.3.  The products are forfeited. They may be rendered harmless or destroyed.256 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Marketing of harmful animal feed  Art. 236 1 Any person who wilfully imports, stores, offers for sale or markets animal feed or animal feedstuffs that constitute a danger to animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. Public notice is given of the conviction.2 If the person concerned acts through negligence, the penalty is a fine.3 The products are forfeited. They may be rendered harmless or destroyed.Felonies and Misdemeanours against Public Traffic Disruption of public traffic Art. 237 1.  Any person who wilfully obstructs, disrupts or endangers public traffic, in particular traffic on the roads, on water or in the air and as a result knowingly causes danger to the life and limb of other people shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.If the offender thus knowingly endangers the life and limb of a large number of people, a custodial sentence of from one to ten years may be imposed.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Disruption of rail traffic Art. 238 1 Any person who wilfully obstructs, disrupts or endangers railway services and as a result causes danger to the life, limb or property of other people, and in particular the danger of derailment or collision shall be liable to a custodial sentence or to a monetary penalty257.2 If the person concerned acts through negligence and as a result causes serious danger to the life, limb or property of other people the penalty is a custodial sentence not exceeding three years or a monetary penalty.257 Term in accordance with No II 1 para. 15 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Disruption of public services Art. 239 1.  Any person who wilfully obstructs, disrupts or endangers the operation of a public service and in particular the railway, postal, telegraphic or telephone services,any person who wilfully obstructs, disrupts or endangers the operation of a public utility or installation which provides water, light, power or heat,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Title Ten: Counterfeiting of Money, Official Stamps, Official Marks, Weights and Measures Counterfeiting money Art. 240 1 Any person who counterfeits coins, paper money or banknotes in order to pass these off as genuine shall be liable to a custodial sentence of not less than one year.2 In particularly minor cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty.3 The offender is also liable to the foregoing penalties if he committed the act abroad, has entered Switzerland and is not being extradited, provided the act is also an offence at the place of commission.Falsification of money Art. 241 1 Any person who alters coins, paper money or bank notes in order to pass these off at a value higher than their true value shall be liable to a custodial sentence of at least six months and no more than five years.2582 In particularly minor cases, the penalty is a custodial sentence not exceeding three years or a monetary penalty.258 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Passing or tendering counterfeit money Art. 242 1 Any person who passes or tenders counterfeit or falsified coins, paper money or bank notes as genuine money shall be liable to a custodial sentence not exceeding three years or to a monetary penalty259.2 If the offender, the person instructing him or his agent accepted the coins or banknotes on the understanding that they were genuine or not falsified, the penalty is a custodial sentence not exceeding three years or a monetary penalty.259 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Imitation of bank notes, coins or official stamps without intent to commit forgery Art. 243260 1 Any person who, without the intention of committing the offence of forgery, reproduces or imitates bank notes and thus creates the risk that persons or machines will confuse such notes with genuine notes, in particular if the overall appearance, one side or the greater part of one side of a bank note reproduces or imitates a material and a size that is identical or similar to the material and size of the original,any person who, without the intention of committing the offence of forgery, produces objects which in their appearance, weight and size are similar to coins in circulation, or which show the nominal value or other characteristics of coins which have been officially struck, and thus creates the risk that persons or machines will confuse such coins with coins which are in circulation,any person who, without the intention of committing the offence of forgery reproduces or imitates official stamps and thus creates the risk that such stamps will be confused with genuine stamps,any person who imports, offers or puts into circulation such objects articles,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2612 If the person concerned acts through negligence, he shall be liable to a fine.262260  Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).261 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).262 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Import, acquisition and storage of counterfeit money Art. 244 1 Any person who imports, acquires or stores counterfeit or falsified coins, paper money or bank notes in order to pass these off as genuine or non-falsified shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2632 Any person who imports, acquires or stores such money on a large scale shall be liable to a custodial sentence of from one to five years.263  Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).Forgery of official stamps Art. 245 1.  Any person who forges or falsifies official stamps, and in particular postage stamps, revenue stamps or fee stamps, in order to pass these off as genuine or non-falsified,any person who gives cancelled official value stamps the appearance of being valid in order to pass them off as such,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.The offender is also liable to the foregoing penalties if he committed the act abroad, has entered Switzerland and is not being extradited, provided the act is also an offence at the place of commission.2.  Any person who passes off forged, falsified or cancelled official stamps as genuine, non-falsified or valid shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Forgery of official marks Art. 246 Any person who forges or falsifies an official mark which the authorities affix to an object to confirm the result of an inspection or the granting of approval such as hallmarks, or marks stamped on goods by meat inspectors, marks stamped by the Federal Office for Customs and Border Security, with the intention of passing the mark off as genuine,264any person who passes off such forged or falsified marks as genuine or non-falsified,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.264 Amended by No I 6 of the O of 12 June 2020 on the Amendment of Legislation as a consequence of the Change in the Name of the Federal Customs Administration as part of its further Development, in force since 1 Jan. 2022 (AS 2020 2743).Counterfeiting equipment and unlawful use of equipment Art. 247 Any person who constructs or acquires equipment for the forgery or falsification of coins, paper money, bank notes or official stamps in order to make unlawful use of such equipment, any person who makes unlawful use of equipment which is used for the production of coins, paper money, bank notes or official stamps,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Falsification of weights and measures Art. 248 Any person who, in order to deceive others in trade or commerce, attaches a false calibration mark to weights and measures, scales or other measuring instruments or falsifies an existing calibration mark,makes alterations to weights and measures, scales or other measuring instruments, ormakes use of forged or falsified weights and measures, scales or other measuring instruments,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Forfeiture Art. 249265 1 Forged or falsified coins, paper money, banknotes, official stamps, official marks, weights and measures, scales or other measuring instruments as well as the counterfeiting equipment is forfeited and rendered unusable or destroyed.2 Banknotes, coins or official stamps that have been reproduced, imitated or produced without the intent to commit forgery, but which create a risk of confusion, are also forfeited and rendered unusable or destroyed.265 Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).Foreign currency and stamps Art. 250 The provisions this Title also apply in the case of foreign coins, paper money, banknotes and stamps.Title Eleven: Forgery Forgery of a document Art. 251266 1. Any person who with a view to causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for himself or another,produces a false document, falsifies a genuine document, uses the genuine signature or mark of another to produce a false document, falsely certifies or causes to be falsely certified a fact of legal significance or,makes use of a false or falsified document in order to deceive,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2. In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty may be imposed.266 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).Forgery of certificates Art. 252267 Any person who with the intention of furthering his own position or that of another,forges or falsifies identity documents, references, or certificates, uses such a document in order to deceive another,or uses a genuine document of this nature but which does not apply to him in order to deceive another,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.267 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).Obtaining a false certificate by fraud Art. 253 Any person who by fraudulent means causes a public official or a person acting in an official capacity to certify an untrue fact of substantial legal significance, and in particular to certify a false signature or an incorrect copy as genuine, orany person who makes use of a document obtained by fraud in this way in order to deceive another as to the fact certified therein,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Suppression of documents Art. 254 1 Any person who damages, destroys, conceals or misappropriates a document over which he has no exclusive right of disposal, with a view to causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for himself or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 The suppression of documents to the detriment of a relative or family member is prosecuted only on complaint.Official foreign documents Art. 255 Articles 251–254 also apply to official foreign documents.Moving of boundary markers Art. 256 Any person who, with the intention of causing financial loss or damaging the rights of another or of obtaining an unlawful advantage for himself or another, removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Removal of survey points and water level indicators Art. 257 Any person who removes, moves, renders unrecognisable or falsely positions a public survey point or water level indicator shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Title Twelve: Felonies and Misdemeanours against Public Order Causing fear and alarm among the general public Art. 258268 Any person who causes fear and alarm among the general public by threatening or feigning a danger to life, limb or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.268 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).Public incitement to commit a felony or act of violence Art. 259269 1 Any person who publicly incites others to commit a felony shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1bis Public incitement to commit genocide (Art. 264), where the intention is for the act to be carried out exclusively or partly in Switzerland, is also an offence if the incitement occurs outside Switzerland.2702 Any person who publicly incites others to commit a misdemeanour that involves violence against other persons or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.269 Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).270 Inserted by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).Rioting Art. 260 1 Any person who takes part in a riotous assembly in public in the course of which acts of violence are committed against persons and property by the use of united force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 Participants who remove themselves when officially ordered to do so are not held to have committed an offence if they have not used violence or encouraged others to do so.Acts preparatory to the commission of an offence Art. 260bis 271 1 Any person who, in accordance with a plan, carries out specific technical or organisational measures, the nature and extent of which indicate that the offender intends to commit any of the offences listed below shall be liable to a custodial sentence not exceeding five years or to a monetary penalty:a. intentional homicide (Art. 111);b. murder (Art. 112);c. serious assault (Art. 122);cbis.272 female genital mutilation (Art. 124);d. robbery (Art. 140);e. false imprisonment and abduction (Art. 183);f. hostage taking (Art. 185);fbis.273 enforced disappearance (Art. 185bis);g. arson (Art. 221);h. genocide (Art. 264);i. crimes against humanity (Art. 264a);j. war crimes (Art. 264c–264h).2742 If the offender, of his own volition, does not complete the preparatory act, he is not liable to any penalty.3 It is also an offence for any person to carry out a preparatory act abroad, provided it was intended to commit the offences in Switzerland. Article 3 paragraph 2 applies.275271 Inserted by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).272 Inserted by No I of the FA of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).273 Inserted by Annex 2 No 1 of the Federal Decree of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453).274  Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).275 Wording of the sentence in accordance with No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Criminal or terrorist organisation Art. 260ter 276 1 Any person who:a. participates in an organisation which pursues the objective of: 1. committing violent felonies or securing a financial gain by criminal means, or2. committing violent felonies aimed at intimidating the population or coercing a State or an international organisation to act or refrain from acting; or whob. supports such an organisation in its activities.shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.2 Paragraph 1 letter b does not apply to humanitarian services provided by an impartial humanitarian organisation, such as the International Committee of the Red Cross, in accordance with the common Article 3 of the Geneva Conventions of 12 August 1949277.3 If the offender exercises a decisive influence within the organisation, he or she shall be liable to a custodial sentence of not less than three years.4 The court has the discretion to mitigate the penalty imposed (Art. 48a) if the offender makes an effort to foil the activities of the organisation.5 The foregoing penalties also apply to any person who commits the offence outside Switzerland provided the organisation carries out or intends to carry out its criminal activities wholly or partly in Switzerland. Article 7 paragraphs 4 and 5 applies.276 Inserted by No I of the FA of 18 March 1994 (AS 1994 1614 1618; BBl 1993 III 277). Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021  (AS 2021 360; BBl 2018 6427).277 SR 0.518.12, 0.518.23, 0.518.42, 0.518.51Endangering public safety with weapons Art. 260quater 278 Any person who sells, hires, gifts, hands over or procures firearms, weapons prohibited by law, essential components of weapons, weapons accessories, ammunition or components of ammunition, although he knows or must assume that the weapons are intended to be used to commit a felony or misdemeanour shall be liable, provided his activities do not constitute a more serious offence, to a custodial sentence not exceeding five years or to a monetary penalty.279278  Inserted by Art. 41 of the Weapons Act of 20 June 1997, in force since 1 Jan. 1999  (AS 1998 2535; BBl 1996 I 1053).279 New designation of criminal penalties in accordance with No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Financing terrorism Art. 260quinquies 280 1 Any person who collects or provides funds with a view to financing a violent crime that is intended to intimidate the public or to coerce a state or international organisation into carrying out or not carrying out an act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 If the person merely acknowledges the possibility that the funds may be used to finance terrorism, he is not liable to a penalty under this Article.3 The act does not constitute the financing of a terrorist offence if it is carried out with a view to establishing or re-establishing a democratic regime or a state governed by the rule of law or with a view to exercising or safeguarding human rights.4 Paragraph 1 does not apply if the financing is intended to support acts that do not violate the rules of international law on the conduct of armed conflicts.280  Inserted by No I 1 of the FA of 21 March 2003 (Financing of Terrorism), in force since 1 Oct. 2003 (AS 2003 3043 3047; BBl 2002 5390).Recruiting, training and travelling with a view to committing a terrorist offence Art. 260sexies 281 1 Any person who, with a view to committing a violent felony aimed at intimidating the population or coercing a State or an international organisation to act or refrain from acting,a. recruits another person to commit or participate in such an offence;b. accepts training or trains others in the manufacture or use of weapons, explosives, radioactive materials, poisonous gases or other devices or dangerous substances for the purpose of committing or participating in the commission of such an offence; orc. travels abroad with the intention of committing, participating in or training for such an offenceshall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 The same penalty shall apply to any person who collects or provides assets with the intention of financing a journey in accordance with paragraph 1 letter c, or any person who organises or recruits others to make such a journey.3 Any person who carries out any of the foregoing acts outside Switzerland shall also be liable to prosecution if he or she is in Switzerland and is not extradited or if the terrorist offence is to be committed in or against Switzerland. Article 7 paragraphs 4 and 5 apply.281  Inserted by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021  (AS 2021 360; BBl 2018 6427).Attack on the freedom of faith and the freedom to worship Art. 261 Any person who publicly and maliciously insults or mocks the religious convictions of others, and in particularly their belief in God, or maliciously desecrates objects of religious veneration,any person who maliciously prevents, disrupts or publicly mocks an act of worship, the conduct of which is guaranteed by the Constitution, orany person who maliciously desecrates a place or object that is intended for a religious ceremony or an act of worship the conduct of which is guaranteed by the Constitution,shall be liable to a monetary penalty.282282 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Discrimination and incitement to hatred Art. 261bis 283 Any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation,any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of that person or group of persons,any person who with the same objective organises, encourages or participates in propaganda campaigns,any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivialises or seeks justification for genocide or other crimes against humanity,any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin, religion or sexual orientation when that service is intended to be provided to the general public,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.283 Inserted by Art. 1 of the FA of 18 June 1993 (AS 1994 2887; BBl 1992 III 269). Amended by No I 1 of the FA of 14 Dec. 2018 (Discrimination and Incitement to Hatred on the Grounds of Sexual Orientation), in force since 1 July 2020 (AS 2020 1609; BBl 2018 3773 5231).Disturbing the peace of the dead Art. 262 1.  Any person who desecrates the resting place of a dead person,Any person who maliciously disrupts or desecrates a funeral procession or funeral ceremony,Any person who desecrates or publicly insults a dead body,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  Any person who removes a dead body or part of a dead body or the ashes of a dead person against the will of those entitled thereto shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Committing an offence while in a state of voluntarily induced mental incapacity Art. 263 1 Any person who is incapable of forming criminal intent as a result of voluntarily induced intoxication through alcohol or drugs, and while in this state commits an act punishable as a felony or misdemeanour shall be liable to a monetary penalty.2842 If the offender has, in this self-induced state, committed an act for which the only penalty is a custodial sentence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.285284 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).285 Amended by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007  (AS 2006 3459 3535; BBl 1999 1979).Title Twelvebis:286 Genocide and Crimes against Humanity 286  Inserted by No I of the FA of 24 March 2000 (AS 2000 2725; BBl 1999 5327). Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).Genocide Art. 264 1 The penalty is a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a group of persons characterised by their nationality, race, religion or ethnic, social or political affiliation:a. kills members of such a group, or seriously harms them physically or mentally;b. inflicts living conditions on members of such a group that are calculated to bring about its total or partial destruction;c. orders or takes measures that are directed towards preventing births within such a group; ord. forcibly transfers children in such a group to another group or arranges for such children to be forcibly transferred to another groupCrimes against humanity a. Intentional homicide b. Extermination c. Enslavement d. False imprisonment e. Enforced disappearance of persons f. Torture g. Violation of sexual rights h. Deportation or forcible transfer i. Persecution and apartheid j. Other inhumane acts Art. 264a 1 The penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population:a. intentionally kills another person;b. intentionally kills a number of persons or intentionally inflicts conditions of life calculated to bring about the destruction of all or part of the population;c. assumes and exercises a right of ownership over a person, in particular in the form of trafficking in persons, sexual exploitation or forced labour;d. severely deprives a person of his or her liberty in violation of the fundamental rules of international law;e. and with the intention of removing a person from the protection of the law for a prolonged period of time:1. on behalf of or with the acquiescence of a State or political organisation, deprives that person of his or her liberty, and thereafter refuses to give information on his or her  fate or whereabouts, or2. on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information on the fate or whereabouts of the person concerned;f. inflicts severe pain or suffering or serious injury, whether physical or mental, on a person in his or her custody or under his or her control;g. rapes a person of the female gender or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person into prostitution or to be sterilised;h. expels or by other coercive acts displaces persons from an area in which they are lawfully present;i. in violation of international law and for political,  racist, ethnic, religious, social or other reasons, severely denies or deprives a group of people of fundamental rights in connection with an offence under Title Twelvebis or Title Twelveter or for the purpose of the systematic oppression or domination of an ethnic group;j. commits any other act of a comparable seriousness to the felonies mentioned in this paragraph and thereby causes severe pain or suffering or serious injury, whether physical or mental, to a person.2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.3 In less serious cases under paragraph 1 letters c–j, a custodial sentence of not less than one year may be imposed.Title Twelveter:287 War Crimes 287  Inserted by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).1. Scope of application Art. 264b Articles 264d–264j apply in connection with international armed conflicts including occupations as well as, unless the nature the offences requires otherwise, in connection with non-international armed conflicts.2. Serious violations of the Geneva Conventions Art. 264c 1 The penalty is a custodial sentence of not less than five years for any person who commits a serious violation of the Geneva Conventions of 12 August 1949288 in connection with an international armed conflict by carrying out any of the following acts against persons or property protected under the Conventions:a. intentional homicide;b. hostage taking;c. causing severe pain or suffering or serious injury, whether physical or mental, in particular by torture, inhuman treatment or biological experiments;d. extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly;e. compelling a person to serve in the forces of a hostile power;f. unlawful deportation or transfer or unlawful confinement;g. denying the right to a fair and regular trial before the imposition or execution of a severe penalty.2 Acts in terms of paragraph 1 committed in connection with a non-international armed conflict are equivalent to serious violations of international humanitarian law if they are directed against a person or property protected by international humanitarian law.3 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.4 In less serious cases under paragraph 1 letters c–g, a custodial sentence of not less than one year may be imposed.288 Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GA I), SR 0.518.12; Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea (GA II), SR 0.518.23; Geneva Convention of 12 Aug. 1949 relative to the Treatment of Prisoners of War (GA III), SR 0.518.42; Geneva Convention of 12 Aug. 1949 relative to the Protection of Civilian Persons in Time of War (GA IV), SR 0.518.51.3. Other war crimes a. Attacks on civilians and civilian objects Art. 264d 1 The penalty is a custodial sentence of not less than three years for any person who in connection with an armed conflict directs an attack:a. against the civilian population as such or against individual civilians not taking direct part in hostilities;b. against personnel, installations, material or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations of 26 June 1945289, as long as they are entitled to the protection of international humanitarian law;c. against civilian objects, undefended settlements or buildings or demilitarised zones that are not military objectives;d. against medical units, material or vehicles using a distinctive emblem under international humanitarian law or whose protected character is recognisable even without a distinctive emblem, hospitals and places where the sick and wounded are collected;e. against cultural property or persons entrusted with its protection or vehicles for its transport, against buildings dedicated to religion, education, art, science or charitable purposes, provided they are protected by international humanitarian law.2 In especially serious cases of attacks on persons, a custodial sentence of life may be imposed.3 In less serious cases, a custodial sentence of not less than one year may be imposed.289 SR 0.120b. Unjustified medical treatment, violation of sexual rights and human dignity Art. 264e 1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:a. causes severe pain or suffering or serious injury or danger, whether physical or mental, to a person protected by international humanitarian law by subjecting that person to a medical procedure that is not justified by the state of his or her health and which does comply with generally recognised medical principles;b. rapes a person of the female gender protected by international humanitarian law or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person protected by international humanitarian law into prostitution or to be sterilised;c. subjects a person protected by international humanitarian law to especially humiliating and degrading treatment.2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.3 In less serious cases, a custodial sentence of not less than one year may be imposed.c. Recruitment and use of child soldiers Art. 264f 1 The penalty is a custodial sentence of not less than three years for any person who enlists a child under the age of fifteen into armed forces or groups or recruiting them for this purpose or using them to participate in armed conflicts.2 In especially serious cases, and in particular where the offence affects a number of children or the offender acts in a cruel manner, a custodial sentence of life may be imposed 3 In less serious cases, a custodial sentence of not less than one year may be imposed.d. Prohibited methods of warfare Art. 264g 1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:a. launches an attack although he knows or must assume that such an attack will cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;b. uses a person protected by international humanitarian law as a human shield in order to influence military operations;c. as a method of warfare, pillages or otherwise unlawfully appropriates property or destroys or seizes enemy property in a way not imperatively demanded by the necessities of war, deprives civilians of objects indispensable to their survival or impedes relief supplies;d. kills or wounds an enemy combatant treacherously or after he or she has laid down his or her arms or no longer has a means of defence;e. mutilates a dead enemy combatant;f. as the commander orders that no quarter be given or threatens the enemy that no quarter will be given;g. makes improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, or the distinctive emblems under international humanitarian law;h. as a member of an occupying power, transfers parts of its own civilian population into the territory it is occupying or deports all or parts of the population of the occupied territory within or outside that territory.2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.3 In less serious cases, a custodial sentence of not less than one year may be imposed.e. Use of prohibited weapons Art. 264h 1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:a. employs poison or poisoned weapons;b. employs biological or chemical weapons, including poisonous or asphyxiating gases, substances and liquids;c. employs bullets which expand or flatten easily or explode in the human body;d. employs weapons primarily designed to cause injury through splinters that cannot be detected by x-ray equipment;e. employs laser weapons primarily designed to cause permanent blindness.2 In especially serious cases, a custodial sentence of life may be imposed4. Violation of a ceasefire or peace agreement. Offences against a peace negotiator. Delayed repatriation of prisoners of war Art. 264i The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who:a. continues military operations after receiving official notification of an agreement on a ceasefire or a peace agreement, or violates the conditions of the ceasefire in some other way;b. abuses, insults or without reason obstructs an opposing peace negotiator or any of his party;c. without justification delays the repatriation of prisoners of war after conclusion of military operations.5. Other violations of international humanitarian law Art. 264j The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who in connection with an armed conflict violates a provision of international humanitarian law other than those mentioned in Articles 264c–264i, where such a violation is declared to be an offence under customary international law or an international treaty recognised as binding by Switzerland.Title Twelvequater:290  Common Provisions for Title Twelvebis and Title Twelveter 290  Inserted by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).Criminal liability of superiors Art. 264k 1 A superior who is aware that a subordinate is carrying out or will carry out an act under the Title Twelvebis or Title Twelveter and who fails to take appropriate measures to prevent the act shall be liable to the same penalty as the perpetrator of the act. If the superior fails to prevent the act through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.2 A superior who is aware that a subordinate has carried out an act under Title Twelvebis or Title Twelveter and who fails to take appropriate measures to ensure the prosecution of the perpetrator of the act shall be liable to a custodial sentence not exceeding three years or a monetary penalty.Acting on orders Art. 264l A subordinate who, on orders from a superior or on orders of equivalent binding effect, carries out an act under Title Twelvebis or Title Twelveter is guilty of an offence if he was aware at the time that the act is an offence.Acts carried out abroad Art. 264m 1 A person who carries out an act under Title Twelvebis, Title Twelveter 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; orb. 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.Exclusion of relative immunity Art. 264n The prosecution offences under Title Twelvebis, Title Twelveter and under Article 264k does not require authorisation in accordance with any of the following provisions:a. Article 7 paragraph 2 letter b of the Criminal Procedure Code291;b. Article 14 and 15 of the Government Liability Act of 14 March 1958292;c. Article 17 of the Parliament Act of 13 December 2002293;d. Article 61a of the Government and Administration Organisation Act of 21 March 1997294;e. Article 11 of the Federal Supreme Court Act of 17 June 2005295;f. Article 12 of the Federal Administrative Court Act of 17 June 2005296;g. Article 16 of the Patent Court Act of 20. March 2009297;h. Article 50 of the Criminal Justice Authorities Act of 19 March 2010298.291 SR 312.0292 SR 170.32293 SR 171.10294 SR 172.010295 SR 173.110296 SR 173.32297 SR 173.41298 SR 173.71Title Thirteen: Felonies and Misdemeanours against the State and National Security 1. Felonies and misdemeanours against the state High treason Art. 265 Any person who carries out an act with the aim, through the use of violence, of changing the constitution of the Confederation299 or of a canton300,of deposing the constitutionally appointed state authorities or rendering them unable to exercise their powers, orof severing an area of Swiss territory from the Confederation or a part of cantonal territory from a canton,shall be liable to a custodial sentence of not less than one year301.299 SR 101300 SR 131.211/.235301 Term in accordance with No II 1 para. 11 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.Attacks on the independence of the Confederation Art. 266 1.  Any person who a carries out an act with the aim of,violating or endangering the independence of the Confederation orendangering the independence of the Confederation by bringing about the interference of a foreign power in federal affairs,shall be liable to a custodial sentence of not less than one year.2.302  Any person who enters into a relationship with the government of a foreign state or its agents with the aim of bringing about a war against the Confederation shall be liable to a custodial sentence of not less than three years.In serious cases a life sentence may be imposed.302 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16;  BBl 1949 1 1249).Foreign operations and activities directed against the security of Switzerland Art. 266bis 303 1 Any person who with a view to bringing about or supporting foreign operations or activities directed against the security of Switzerland, contacts a foreign state, foreign parties, or other foreign organisations or their agents, or issues or disseminates false or distorted information shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 In serious cases, a custodial sentence of not less than one year may be imposed.303 Inserted by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16;  BBl 1949 I 1249).Diplomatic treason Art. 267 1.  Any person who wilfully makes known or makes accessible to a foreign state or its agents or to the general public a secret, the preservation of which is necessary in the interests of the Confederation,304any person who falsifies, destroys, disposes of or steals documents or evidence relating to legal relations between the Confederation or a canton and a foreign state and thus endangers the interests of the Confederation or the canton, orany person who, as the authorised representative of the Confederation, conducts negotiations with a foreign government which are intended to be detrimental to the Confederation,shall be liable to a custodial sentence of not less than one year.2.  Any person who wilfully makes known or makes accessible to the general public a secret, the preservation of which is necessary in the interests of the Confederation shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.305 3.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.306304 Amended by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).305 Inserted by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).306 Originally No 2.Moving of national boundary markers Art. 268 Any person who removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker which serves to indicate a national, cantonal or communal boundary shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Violation of Swiss territorial sovereignty Art. 269 Any person forcibly enters Swiss territory in violation of international law shall be liable to a custodial sentence or to a monetary penalty.Attacks on Swiss national emblems Art. 270 Any person who maliciously removes, damages or acts in an insulting manner towards a Swiss national emblem which is displayed by a public authority, and in particular the coat of arms or the flag of the Confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Unlawful activities on behalf of a foreign state Art. 271307 1.  Any person who carries out activities on behalf of a foreign state on Swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official,any person who carries out such activities for a foreign party or organisation,any person who facilitates such activities,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.3082.  Any person who abducts another by using violence, false pretences or threats and takes him abroad in order to hand him over to a foreign authority, party or other organisation or to expose him to a danger to life or limb shall be liable to a custodial sentence of not less than one year.3.  Any person who makes preparations for such an abduction shall be liable to a custodial sentence or to a monetary penalty.307 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).308 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).2. Espionage Political espionage Art. 272309 1.  Any person who provides political intelligence-gathering services or organises such services in the interest of a foreign state, a foreign party or any other foreign organisation, to the detriment of Switzerland or its citizens, inhabitants or organisations,any person who recruits others for or facilitates such services,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  In serious cases, the penalty is a custodial sentence of not less than one year. A serious case is constituted, in particular, where the offender incites activities or makes false reports such that the internal or external security of the Confederation is threatened.309 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).Industrial espionage Art. 273 Any person who seeks to obtain a manufacturing or trade secret in order to make it available to an external official agency, a foreign organisation, a private enterprise, or the agents of any of these, or,any person who makes a manufacturing or trade secret available to an foreign official agency, a foreign organisation, a private enterprise, or the agents of any of these,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year. Any custodial sentence may be combined with a monetary penalty.310310 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Military espionage Art. 274311 1. Any person who conducts, organises, recruits others to conduct or facilitates military intelligence-gathering services on behalf of a foreign state and to the detriment of Switzerland,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.In serious cases, a custodial sentence of not less than one year may be imposed.2.  Any correspondence and materials shall be confiscated.311 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951(AS 1951 1 16; BBl 1949 1 1249).3. Endangering the constitutional order Attacks on the constitutional order Art. 275312 Any person who carries out an act which is intended to disrupt or alter the constitutional order of the Confederation313 or the cantons314 in an unlawful manner shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.312 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16;  BBl 1949 1 1249).313 SR 101314 SR 131.211/.235Subversive propaganda Art. 275bis 315 Any person who disseminates foreign propaganda which is intended to bring about the violent overthrow of the constitutional order of the Confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.315 Inserted by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249).Unlawful association Art. 275ter 316 Any person who founds an association, the aim of which or the activity of which involves the commission of acts that  are offences under Articles 265, 266, 266bis, 271–274, 275 and 275bis,any person who joins such an association or participates in its activities, andany person who calls for the formation of such an association or follows its instructions,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.316 Inserted by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249).4. Disruption of military security Incitement and inducement to violate military duties Art. 276 1.  Any person who publicly incites others to disobey military orders, to violate military duties, to refuse to perform military service or to desert, andany person who induces a person obliged to perform military service to carry out such an act,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  Where the incitement or inducement relates to mutiny or the preparation for mutiny, the penalty is a custodial sentence or a monetary penalty.Forgery of military orders or instructions Art. 277 1.  Any person who wilfully forges, falsifies, suppresses or removes a call-up order, mobilisation order or marching order, or instructions intended for those obliged to perform military service, andany person who makes use of such a forged or falsified order or instruction,shall be liable to a custodial sentence or to a monetary penalty.2.  If the person concerned acts through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Disruption of military service Art. 278 Any person who prevents a member of the armed forces from carrying out his military service or obstructs him in the course of his service shall be liable to a monetary penalty.317317 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Title Fourteen:  Misdemeanours against the Will of the People Disruption and obstruction of elections and votes Art. 279 Any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts a meeting, election or vote organised under the terms of the constitution or the law, and any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts the collection of signatures for or the handing-over of a petition requesting a referendum or initiative,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Attacks on the right to vote Art. 280 Any person who by the use of violence or the threat of seriously detrimental consequences prevents a voter from exercising his right to vote or to sign a petition requesting a referendum or initiative, andany person who by the use of violence or the threat of seriously detrimental consequences coerces a voter into exercising his voting rights or into voting in a particular way,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Corrupt electoral practices Art. 281 Any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for voting in a particular way, or in return for signing or refusing to sign a request for a referendum or an initiative, any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for not participating in an election or vote, andany person who as a voter secures the promise of or arranges for himself to be given such an advantage,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Electoral fraud Art. 282 1.  Any person who forges, falsifies, removes or destroys an electoral register,any person who participates in an election or a vote, or signs a request for a referendum or an initiative without authority, andany person who falsifies the results of an election or vote or a petition requesting a referendum or initiative, in particular by adding, altering, omitting, deleting ballot papers or signatures, counting them incorrectly or incorrectly certifying the result,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the offender acts in official capacity, the penalty is a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units. The custodial sentence may be combined with a monetary penalty.318318 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Vote catching Art. 282bis 319 Any person who systematically collects, completes or alters ballot papers, or distributes ballot papers which have been completed or altered in this way shall be liable to a fine.319 Inserted by Art. 88 No I of the FA of 17 Dec. 1976 on Political Rights, in force since 1 July 1978 (AS 1978 688; BBl 1975 I 1317).Breach of voting secrecy Art. 283 Any person who obtains knowledge by unlawful means of how individuals have voted shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Art. 284320 320 Repealed by No I of the FA of 18 March 1971, with effect from 1 July 1971  (AS 1971 777; BBl 1965 I 561).Title Fifteen: Offences against Official Powers Violence and threats against public authorities and public officials Art. 285 1. Any person who by the use of violence or threats prevents an authority, one of its members or a public official from carrying out an official act, or coerces them to carry out such an act, or attacks them while they are carrying out such an act shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.321Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957322, the Passenger Transport Act of 20 March 2009323 and the Goods Transport Act of 19 December 2008324, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010325 on the Security Units of Public Transport Companies.2. If the offence is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.326Any participant who uses violence against persons or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.327321 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16;  BBl 1949 1 1249).322 SR 742.101323 SR 745.1324 [AS 2009 5597 6019, 2012 5619 No I 5, 2013 1603. AS 2016 1845 Annex No I 1]. See now: the FA of 25 Sept. 2015 (SR 742.41).325 SR 745.2326 Amended by Art. 11 para. 2 of the FA of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct. 2011 (AS 2011 3961; BBl 2010 891 915).327 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Prevention of an official act Art. 286328 Any person who prevents a public authority, one of its members or a public official from carrying out an act which is one of their official duties shall be liable to a monetary penalty not exceeding 30 daily penalty units.Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957329, the Passenger Transport Act of 20 March 2009330 and the Goods Transport Act of 19 December 2008331, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010332 on the Security Units of Public Transport Companies.333328 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).329 SR 742.101330 SR 745.1331 [AS 2009 5597 6019, 2012 5619 No I 5, 2013 1603. AS 2016 1845 Annex No I 1]. See now: the FA of 25 Sept. 2015 (SR 742.41).332 SR 745.2333 Amended by Art. 11 para. 2 of the FA of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct. 2011 (AS 2011 3961; BBl 2010 891 915).Usurpation office Art. 287 Any person who with unlawful intention usurps the exercise of an official function or military command shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Art. 288334 334 Repealed by No I 1 of the FA of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497).Removal of seized property Art. 289 Any person who removes from official control an item of property which has been officially seized shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Breaking the seals Art. 290 Any person who breaks open, removes or renders ineffective an official mark and in particular an official seal which is used to close or identify an object shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Breach of an expulsion order Art. 291 1 Any person who breaches an order issued by a competent authority to expel him from the territory of the Swiss Confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 The duration the sentence is not taken into account in determining the length of the period of expulsion.Contempt official orders Art. 292 Any person who fails to comply with an official order that has been issued to him by a competent authority or public official under the threat of the criminal penalty for non-compliance in terms of this Article shall be liable to a fine.Publication of secret official proceedings Art. 293 1 Any person who publishes information from the files, proceedings or official investigations of a public authority which have been declared secret by that authority by law or by a lawful order issued by the authority shall be liable to a fine.3352 Complicity is also a criminal offence.3 The act does not carry a penalty unless publication is contrary to an overriding public or private interest.336335 Amended by No I of the FA of 16 June 2017 (Publication of Official Secret Proceedings), in force since 1 March 2018 (AS 2018 567; BBl 2016 7329 7575).336  Inserted by No I of the FA of 10 Oct. 1997 (AS 1998 852; BBl 1996 IV 525). Amended by No I of the FA of 16 June 2017 (Publication of Official Secret Proceedings), in force since 1 March 2018 (AS 2018 567; BBl 2016 7329 7575).Breach of an activity prohibition order or a contact prohibition and exclusion order Art. 294337 Any person who carries on an activity that he is prohibited from carrying on by a prohibition order under Article 67 hereof, Article 50 of the Military Criminal Code of 13 June 1927338 (MCC) or Article 16a JCLA339 shall be liable to a custodial sentence not exceeding one year or monetary penalty.2 Any person who contacts or approaches one or more specific persons or persons in a specific group or is present in a specific location when he is prohibited from doing so by a contact prohibition and exclusion order under Article 67b hereof, Article 50b MCC or Article 16a JCLA shall be liable to a custodial sentence not exceeding one year or monetary penalty.337 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055;  BBl 2012 8819).338 SR 321.0339 SR 311.1Failure to comply with probation assistance or instructions Art. 295340 Any person who fails to comply with probation assistance ordered by the court or the executive authority or with instructions issued by the court or the executive authority shall be liable to a fine.340 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055;  BBl 2012 8819).Title Sixteen: Offences detrimental to Foreign Relations Insulting a foreign state Art. 296341 Any person who publicly insults a foreign state in the person of its head of state, the members of its government, its diplomatic representatives, its official delegates to a diplomatic conference taking place in Switzerland, or one of its official representatives to an international organisation or department thereof based or sitting in Switzerland shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.341 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16;  BBl 1949 1 1249).Insulting an international  organisation Art. 297342 Any person who publicly insults an international organisation or department thereof based or sitting in Switzerland in the person of one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.342 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).Attacks on the national emblems of a foreign state Art. 298 Any person who wilfully removes, damages or conducts himself in an insulting manner towards a national emblem of a foreign state, and in particular its coat of arms or flag which is publicly displayed by one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Violation of foreign territorial sovereignty Art. 299 1.  Any person who violates the territorial sovereignty of a foreign state, in particular by conducting official activities without authorisation on foreign territory,any person who enters foreign territory in breach of international law,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  Any person who attempts from within Swiss territory to disrupt the political order of a foreign state through the use of force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Hostility towards a country at war or foreign troops Art. 300 Any person who from neutral Swiss territory acts in a hostile manner towards or supports hostile acts against a country at war,any person who acts in a hostile manner towards foreign troops who have been admitted to Switzerland,shall be liable to a custodial sentence or to a monetary penalty.Military espionage against a foreign state Art. 301 1.  Any person who conducts or organises the conduct of military intelligence gathering services on Swiss territory for a foreign state against another foreign state, andany person who recruits persons for or facilitates such services,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  Any correspondence and other materials are forfeited.Prosecution Art. 302343 1 Felonies and misdemeanours under this Title are only prosecuted on the authority of the Federal Council.2 The Federal Council shall order a prosecution only if a request to do so is received from the government of the foreign state in the case of Article 296 or from a governing officer of the international organisation in the case of Article 297. In times of active service, the Federal Council may also order a prosecution in the absence of a request.3 In the case of Articles 296 and 297, the right to prosecute is subject to a limitation period of two years.344343 Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).344 Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).Title Seventeen: Felonies and Misdemeanours against the Administration of Justice False accusation Art. 303 1.  Any person who makes an accusation to the authorities that a person whom he knows to be innocent has committed a felony or a misdemeanour, with the intention of causing a criminal prosecution to be brought against that person,any person who otherwise carries out malicious acts with the intention of causing a criminal prosecution to be brought against a person whom he knows to be innocent,shall be liable to a custodial sentence or to a monetary penalty.2.  If the false accusation relates to a contravention, the penalty is a custodial sentence not exceeding three years or a monetary penalty.Misleading the judicial authorities Art. 304 1.  Any person who reports the commission of a criminal offence to the judicial authorities which he knows has not been committed,any person who falsely reports to the judicial authorities that he has himself committed an offence,shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  In particularly minor cases, the court may waive the imposition of a penalty.Assisting offenders Art. 305 1 Any person who assists another to evade prosecution, the execution of a sentence, or the execution of any of the measures provided for in Articles 59–61, 63 and 64345 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.1bis Any person who assists a person who is being prosecuted or has been convicted outside Switzerland in respect of a felony in accordance with Article 101 to evade prosecution or the execution of a custodial sentence or a measure within the meaning of Articles 59–61, 63 or 64 in that place shall be liable to the same penalties as in paragraph 1.346 2 The court may waive the imposition of a penalty where the person committing an offence in terms of this Article is so closely related to the person receiving his assistance that his conduct is excusable.345 Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).346 Inserted by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).Money laundering Art. 305bis 347 1.  Any person who carries out an act that is aimed at frustrating the identification of the origin, the tracing or the forfeiture of assets which he knows or must assume originate from a felony or aggravated tax misdemeanour shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.3481bis. An aggravated tax misdemeanour is any of the offences set out in Article 186 of the Federal Act of 14 December 1990349 on Direct Federal Taxation and Article 59 paragraph 1 clause one of the Federal Act of 14 December 1990350 on the Harmonisation of Direct Federal Taxation at Cantonal and Communal Levels, if the tax evaded in any tax period exceeds 300 000 francs.3512.  In serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty. A custodial sentence is combined with a monetary penalty not exceeding 500 daily penalty units.352A serious case is constituted, in particular, where the offender:a.353 acts as a member of a criminal or terrorist organisation;b. acts as a member of a group that has been formed for the purpose of the continued conduct of money laundering activities; orc. achieves a large turnover or substantial profit through commercial money laundering.3.  The offender is also liable to the foregoing penalties where the main offence was committed abroad, provided such an offence is also liable to prosecution at the place of commission.354347 Inserted by No I of the FA of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061).348 Amended by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).349 SR 642.11350 SR 642.14351 Inserted by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605). See also the transitional provision to this amendment at the end of the text.352 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).353 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021  (AS 2021 360; BBl 2018 6427).354 Corrected by the Drafting Committee of the Federal Assembly (Art. 33 ParlPA;  AS 1974 1051).Insufficient diligence in financial transactions and right to report 355 355 Amended by No I of the FA of 18 March 1994, in force since 1 Aug. 1994 (AS 1994 1614 1618; BBl 1993 III 277).Art. 305ter 356 1 Any person who as part of his profession accepts, holds on deposit, or assists in investing or transferring outside assets and fails to ascertain the identity of the beneficial owner of the assets with the care that is required in the circumstances shall be liable to a custodial sentence not exceeding one year or to a monetary penalty.3572 The persons included in paragraph 1 above are entitled to report to the Money Laundering Reporting Office in the Federal Office of Police any observations that indicate that assets originate from a felony or an aggravated tax misdemeanour in terms of Article 305bis number 1bis.358356 Inserted by No I of the FA of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061).357 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).358 Inserted by No I of the FA of 18 March 1994 (AS 1994 1614; BBl 1993 III 277). Amended by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605).Perjury by a party to civil proceedings Art. 306 1 Any person who is a party to civil proceedings and, following an express caution by the judge that he must tell the truth and notification of the penalties for failure to do so, gives false evidence in relation to the case shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 If the offender testifies on oath or affirmation, the penalty is a custodial sentence not exceeding three years or a monetary penalty of not less than 90 daily penalty units.359359 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Perjury. Perjury by an expert witness. False translation Art. 307 1 Any person who appears in judicial proceedings as a witness, expert witness, translator or interpreter and gives false evidence or provides a false report, a false expert opinion or a false translation in relation to the case shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2 If the statement, report, expert opinion or translation is made on oath or affirmation, the penalty is a custodial sentence of at least six months and no more than five years.3603 If the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty.361360 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).361 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Mitigation of the sentence Art. 308 1 If the offender makes his false accusation (Art. 303), false report of an offence (Art. 304) or testimony (Art. 306 and 307) of his own accord and before it has caused any legal detriment to others, the court may reduce the sentence (Art. 48a) or waive a penalty.3622 If the offender perjured himself (Art. 306 and 307) because by testifying truthfully he or his close relative would risk prosecution, the court may reduce the sentence (Art. 48a).363362 Last part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).363 Last part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Administrative cases and proceedings before international courts Art. 309364 Articles 306–308 also apply to:a. the administrative court proceedings, arbitration proceedings and proceedings before public authorities and public officials who are entitled to examine witnesses;b. proceedings before international courts where Switzerland recognises their mandatory jurisdiction.364  Amended by No I 1 of the FA of 22 June 2001 (Offences against the Administration of Justice before International Courts), in force since 1 July 2002  (AS 2002 1491 1492; BBl 2001 391).Assisting prisoners to escape Art. 310 1.  Any person who by using force, threats or false pretences, frees or assists in the escape of a person under arrest, a convicted prisoner or a person committed to an institution by official order shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2.  If the act is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. Any participants who commits acts of violence against persons or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.365365 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Prison mutiny Art. 311 1.  Convicted prisoners or other persons who have been committed to an institution by official order who form a riotous assembly with the common intentto attack the officers of the institution or other persons entrusted with their supervision,to coerce these persons by force or the threat of force to carry out acts or abstain from carrying out acts, orto break out of the institution by using force,are liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.3662.  Any participant who commits acts of violence against persons or property shall be liable to a custodial sentence not exceeding five years or to a monetary penalty of not less than 90 daily penalty units.367366 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).367 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Title Eighteen:  Offences against Official or Professional Duty Abuse of public office Art. 312 Any member of an authority or a public official who abuses his official powers in order to secure an unlawful advantage for himself or another or to cause prejudice to another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Overcharging of taxes Art. 313 Any public official who for unlawful gain levies taxes, fees or other charges which are not due or which exceed the statutory rates shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Misconduct in public office Art. 314368 Any member of an authority or public official who, in the course of a legal transaction and with a view to obtaining an unlawful advantage for himself or another, damages the public interests that he has a duty to safeguard shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. A custodial sentence must be combined with a monetary penalty.369368 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).369 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Art. 315–316370 370 Repealed by No I 1 of the FA of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497).Forgery of a document by a public official Art. 317371 1.  Any public official or person acting in an official capacity who wilfully forges or falsifies a document or uses the genuine signature or handwriting of another to produce a false document,any public official or person acting in an official capacity who wilfully falsely certifies a fact of legal significance, and in particular falsely certifies the authenticity of a signature or handwriting or the accuracy of a copy,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.2.  If the person concerned acts through negligence, the penalty is a fine.371 Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).Exempted acts Art. 317bis 372 1 Any person who, as part of a covert investigation, produces, amends or uses documents with the approval of a court in order to construct or maintain his cover story or produces, amends or uses documents with the authorisation of the Federal Intelligence Service (FIS) under Article 17 IntelSA373 or the authorisation of the Head of the Federal Department of Defence, Civil Protection and Sport (DDPS) in accordance with Article 18 IntelSA in order to create or maintain his cover story or assumed identity does not commit an offence under Articles 251, 252, 255 and 317.3742 Any person who, with authorisation for a covert investigation or as instructed by the competent authority under Article 17 or 18 IntelSA, produces or amends official documents for the purposes of cover stories or assumed identities does not commit an offence under Articles 251, 252, 255 and 317.3753 Any person who produces, amends or uses official documents under the Federal Act of 23 December 2011376 on Extra-Procedural Witness Protection does not commit an offence under Articles 251, 252, 255 and 317.377372 Inserted by Art. 24 No 1 of the FA of 20 June 2003 on Covert Investigations, in force since 1 Jan. 2005 (AS 2004 1409; BBl 1998 4241). Amended by Annex No 3 of the FA of 23 Dec. 2011, in force since 16 July 2012 (AS 2012 3745; BBl 2007 5037, 2010 7841).373 SR 121374 Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021  (AS 2021 360; BBl 2018 6427).375 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).376 SR 312.2377 Inserted by Annex No 3 of the FA of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1).Issuing a false medical certificate Art. 318 1.  Any doctor, dentist, veterinary surgeon or midwife who wilfully issues a certificate, the content of which is untrue, for the purpose of being produced to the authorities or to obtain an unlawful advantage, or which may prejudice the substantial and lawful interests of third parties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.If the offender has requested, accepted or secured the promise of a special form of recompense, he shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2.  If the person concerned acts through negligence, the penalty is a fine.Assistance by a public official in the escape of prisoners Art. 319 Any public official who assists or allows a person under arrest, a convicted prisoner or a person committed to an institution by official order to escape shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.Breach official secrecy Art. 320 1.  Any person who discloses secret information that has been confided to him in his capacity as a member of an authority or as a public official or which has come to his knowledge in the execution of his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.A breach official secrecy remains an offence following termination of employment as a member of an authority or as a public official.2.  The offender is not liable to any penalty if he has disclosed the secret information with the written consent of his superior authority.Breach of professional confidentiality Art. 321 1.  Any person who in his capacity as a member of the clergy, lawyer, defence lawyer, notary, patent attorney, auditor subject to a duty of confidentiality under the Code of Obligations (CO)378, doctor, dentist, chiropractor, pharmacist, midwife, psychologist, nurse, physiotherapist, occupational therapist, dietician, optometrist, osteopath or as an assistant to any of the foregoing persons discloses confidential information that has been confided to him in his professional capacity or which has come to his knowledge in the practice of his profession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.379A student who discloses confidential information that has come to his knowledge in the course of his studies is also liable to the foregoing penalties.A breach of professional confidentiality remains an offence following the termination of professional employment or of the studies.2.  The person disclosing the information is not liable to any penalty if he does so with the consent of the person to whom the information pertains or on the basis of written authorisation issued in response to his application by a superior authority or supervisory authority.3.  The federal and cantonal provisions on the duties to report and cooperate, the duty to testify and on the obligation to provide information to an authority are reserved.380 378 SR 220379 Amended by Annex No 1 of the Healthcare Occupations Act of 30 Sept. 2016, in force since 1 Feb. 2020 (AS 2020 57; BBl 2015 8715).380 Amended by Annex No 1 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).Breach of professional confidentiality in research involving human beings Art. 321bis 381 1 Any person who discloses without authorisation a professional secret that has come to his knowledge in the course of his research activities involving human beings in accordance with the Human Research Act of 30 September 2011382 shall be liable to a penalty in accordance with Article 321.2 Professional secrets may be disclosed for the purpose of research into human diseases and concerning the structure and function of the human body if the requirements of Article 34 of the Human Research Act of 30 September 2011 are met and authorisation for disclosure has been obtained from the responsible ethics committee.381 Inserted by Annex No 4 of the FA of 19 June 1992 on Data Protection (AS 1993 1945; BBl 1988 II 413). Amended by Annex No 2 of the Human Research Act of 30 Sept. 2011, in force since 1 Jan. 2014 (AS 2013 3215; BBl 2009 8045).382 SR 810.30Breach of postal or telecommunications secrecy Art. 321ter 383 1 Any person who in his capacity as a public official, employee or auxiliary of an organisation providing postal or telecommunications services reveals to a third party details of customers' post, payments or telecommunications, opens sealed mail or tries to find out its content, or allows a third party the opportunity to carry out such an act shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 The foregoing penalties also apply to any person who by deception causes a person bound by a duty of confidentiality in terms of paragraph 1 to breach his obligation of secrecy.3 A breach of postal or telecommunications secrecy remains an offence even after termination of employment as a public official, employee or auxiliary of an organisation providing postal or telecommunication services.4 A breach of postal or telecommunications secrecy does not carry a penalty if it is carried out in order to determine the identity of the entitled person or to prevent loss or damage being occasioned.5 Article 179octies is reserved, together with the federal and cantonal provisions on the obligations to give evidence or provide information to a public authority.383 Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405).Breach of the media duty to provide information Art. 322384 1 Media organisations are obliged, at the request of any person, to reveal immediately and in writing their place of business and the identity of those responsible for their publications (Art. 28 para. 2 and 3).3852 Newspapers, magazines or periodicals must indicate in an imprint the place of business of their media organisation, significant holdings in other organisations and the editor responsible. If the editor is responsible only for part of the newspaper, magazine or periodical, it must be indicated that he is the editor responsible for that part. Details of the editors responsible must be given for each part of the newspaper, magazine or periodical.3 In the event of any violation of the provisions of this Article, the manager of the media organisation shall be liable to a fine. If the person indicated as editor (Art. 28 para. 2 and 3) does not in fact hold such a position, this also constitutes an offence.386384 Amended by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).385 Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).386 Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Failure to prevent an illegal publication  Art. 322bis 387 Any person who, as the person responsible in terms of Article 28 paragraphs 2 and 3, wilfully fails to prevent the publication of material388, the publication of which constitutes an offence shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the person concerned acts through negligence, the penalty is a fine.387 Inserted by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).388 Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Title Nineteen:389 Bribery 389 Inserted by No I 1 of the FA of 22 Dec. 1999 (Revision of the Criminal Law on Corruption), in force since 1 May 2000 (AS 2000 1121 1126; BBl 1999 5497).1. Bribery of Swiss public officials Bribery Art. 322ter Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces an undue advantage, or offers, promises or gives such an advantage to a third party in order to cause the public official to carry out or to fail to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Acceptance of bribes Art. 322quater Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator demands, secures the promise of or accepts an undue advantage for that person or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion,shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.Granting an advantage Art. 322quinquies390 Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator or a member of the armed forces an undue advantage for that person or for a third party in order that the person carries out his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.390 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).Acceptance of an advantage Art. 322sexies391 Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator, demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out his official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.391 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).2. Bribery of foreign public officials Art. 322septies Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces who is acting for a foreign state or international organisation an undue advantage, or gives such an advantage to a third party, in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion,any person who as a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces of a foreign state or of an international organisation demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion392 shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.392 Paragraph inserted by Art. 2 No 2 of the Federal Decree of 7 Oct. 2005 on the Approval and Implementation of the Criminal Law Convention and the Additional Protocol of the Council of Europe on Corruption, in force since 1 July 2006  (AS 2006 2371 2374; BBl 2004 6983).3. Bribery of private individuals Bribery Art. 322octies393 1.  Any person who offers, promises or gives an employee, partner, agent or any other auxiliary of a third party in the private sector an undue advantage for that person or a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 In minor cases, the offence is only prosecuted on complaint.393 Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).Accepting bribes Art. 322novies 394 1 Any person who as an employee, partner, agent or any other auxiliary of a third party in the private sector demands, secures the promise of, or accepts an undue advantage for himself or for a third party in order that the person carries out or fails to carry out an act in connection with his official activities which is contrary to his duties or dependent on his discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.2 In minor cases, the offence is only prosecuted on complaint.394 Inserted by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).4. General provisions Art. 322decies 395 1 The following are not undue advantages:a. advantages permitted under public employment law or contractually approved by a third party;b. negligible advantages that are common social practice.2 Private individuals who fulfil official duties are subject to the same provisions as public officials.395 Inserted by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).Title Twenty:396 Contraventions of Federal Law 396 Originally Title 19.Failure of a debtor to comply with the regulations governing Debt Enforcement and Bankruptcy proceedings Art. 323397 The following persons are liable to a fine:1.  a debtor who is not present or has not appointed a representative to be present at the seizure of or the recording of an inventory of his assets of which he has been given lawful notice (Art. 91 para. 1 no 1, 163 para. 2 and 345 para. 1398 DEBA399);2.  a debtor who fails to disclose his assets including those not in his possession, or his claims and rights against third parties to the extent required to obtain satisfaction by seizure or to implement an attachment (Art. 91 para. 1 para. 2 and 275 DEBA);3.  a debtor who fails to fully disclose his assets including those not in his possession, or his claims and rights against third parties on the recording of an inventory of assets (Art. 163 para. 2, 345 para. 1400 DEBA);4.  a debtor who fails to disclose or make available all his assets to the Bankruptcy Office (Art. 222 para. 1 DEBA);5.  a debtor who does not make himself available to the bankruptcy administrator during the bankruptcy proceedings unless he has special permission to be excused this duty (Art. 229 para. 1 DEBA).397 Amended by Annex No 8 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997  (AS 1995 1227 1307; BBl 1991 III 1).398 Now Art. 341 para. 1.399 SR 281.1400 Now Art. 341 para. 1.Failure of third parties to comply with the regulations governing debt collection, bankruptcy and composition proceedings Art. 324401 The following persons are liable to a fine:1.  any adult person who shared a household with a debtor who is deceased or has absconded and who fails to disclose full details of that debtor's assets and to make themselves available to the Bankruptcy Office (Art. 222 para. 2 DEBA402);2.  any debtor of a bankrupt who fails to report to the Bankruptcy Office within the time limit (Art. 232 para. 2 para. 3 DEBA);3.  any person who possesses items belonging to a debtor as a pledge or for any other reason and fails to deliver such items to the Bankruptcy Office within the time limit (Art. 232 para. 2 para. 4 DEBA);4.  any person who possesses items belonging to a debtor as a pledgee and fails to deliver such items to the liquidators after expiry of the time limit for realisation (Art. 324 para. 2 DEBA);5.  any third party who fails to comply with his duty to provide information and to deliver assets in accordance with Articles 57a paragraph 1, 91 paragraph 4, 163 paragraph 2, 222 paragraph 4 and 345 paragraph 1403 of the DEBA.401 Amended by Annex No 8 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997  (AS 1995 1227 1307; BBl 1991 III 1).402 SR 281.1403 Now Art. 341 para. 1.Failure to comply with accounting regulations Art. 325 Any person who wilfully or through negligence fails to comply with the statutory duty to keep proper accounts or to preserve accounts, business correspondence and business telegrams,any person who wilfully or through negligence fails to comply with the statutory duty to preserve accounts, business correspondence and business telegrams,shall be liable to a fine.Infringement of the regulations on reporting payments to state bodies Art. 325bis 404 A person shall be liable to a fine if he or she wilfully commits any of the following acts:a. provides false information in the report on payments made to state bodies in accordance with Article 964d CO405 or wholly or partly fails to make the required report;b. fails to comply with the obligation to keep and retain reports on payments to state bodies in accordance with Article 964h CO.404 Inserted by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).405 SR 220Infringement of other reporting obligations Art. 325ter 406 1 A person shall be liable to a fine not exceeding 100 000 francs if he or she wilfully commits any of the following acts: a. provides false information in the reports in accordance with Articles 964a, 964b und 964l OR407 or fails to make the required reports; b. fails to comply with the statutory obligation to retain and document the reports in accordance with Articles 964c and 964l CO.2 A person who acts through negligence shall be liable to a fine not exceeding 50 000 francs.406 Inserted by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).407 SR 220Failure to comply with the regulations governing the protection of tenants of domestic and commercial properties Art. 325quater 408 Any person who prevents or attempts to prevent a tenant by the threat of detrimental consequences, and in particular the termination of the lease, from contesting the level of rent or other claims of the landlord,any person who serves notice of termination on the tenant because the tenant asserts or wishes to assert his rights under the CO409, orany person who unlawfully demands or attempts to demand payment of rent or other claims after the failure of an attempt to reach agreement thereon or following a court judgment thereon,shall be liable on complaint by the tenant to a fine.408 Originally Article 325bis. Inserted by No II Art. 4 of the FA of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies) (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis). Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022  (AS 2021 846; BBl 2017 399).409 SR 220Application to legal entities, trading companies and sole proprietorships410 410 Footnote relevant to German text only.1. ... Art. 326411 411 Repealed by No II 3 of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007  (AS 2006 3459 3535; BBl 1999 1979).2. In cases falling under Article 325quater412 412 Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).Art. 326bis 413 1 Where the acts constituting offences under Article 325quater are committed while attending to the affairs of a legal entity, general or limited partnership or sole proprietorship414 or otherwise in the provision of commercial or business services to another, the criminal provisions apply to those natural persons who have committed the acts.4152 An employer or principal who is aware of the offence or becomes aware of the offence subsequently and who, although he is in a position to do so, fails to prevent the offence or to remedy its consequences shall be liable to the same penalties as the offender.3 If the employer or principal is a legal entity, general or limited partnership, sole proprietorship416 or corporate body without legal personality, paragraph 2 applies to the culpable management bodies, members of the management bodies, executive partners, de facto managers or liquidators.413 Inserted by No II Art. 4 of the FA of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies), in force since 1 July 1990 (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis).414 Footnote relevant to German text only.415 Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).416 Footnote relevant to German text only.Contravention of the law on business and other names Art. 326ter 417 Any person who uses a name for a legal entity or branch entered in the Commercial Register that does not correspond to the name entered in the Commercial Register and which may be misleading,any person who uses a misleading name for a legal entity or branch not entered in the Commercial Register, orany person who gives the impression that a foreign legal entity not entered in the Commercial Register has its registered office or a branch in Switzerland,shall be liable to a fine418.417 Inserted by No I of the FA of 17 June 1994 (AS 1994 2290; BBl 1991 II 969). Amended by Annex No 5 of the FA of 16 Dec. 2005 (Law on Limited Liability Companies and Amendments to the Law on Companies Limited by Shares, Cooperatives, the Commercial Register and Business Names), in force since 1 Jan. 2008  (AS 2007 4791; BBl 2002 3148, 2004 3969).418 Corrected by the Drafting Committee of the Federal Assembly (Art. 58 para. 2 ParlA;  SR 171.10).Provision of false information by an employee benefits institution Art. 326quater 419 Any person who as a management officer of an employee benefits institution is under a statutory obligation to provide information to beneficiaries and supervisory bodies but fails to provide any information or provides false information shall be liable to a fine.419 Inserted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995  (AS 1994 2290 2307; BBl 1991 II 969).Violation of obligations to give notice of the beneficial owner of shares or capital contributions  Art. 327420 Any person who wilfully fails to comply with obligations under Article 697j paragraphs 1–4 or Article 790a paragraphs 1–4 of the CO421 to give notice of beneficial owner of shares or capital contributions shall be liable to a fine.420 Amended by No I 2 of the FA of 21 June 2019 on Implementing the Recommendations of the Global Forum on Transparency and Transfer of Information for Tax Purposes, in force since 1 Nov. 2019 (AS 2019 3161; BBl 2019 279).421 SR 220Violation of company law obligations on keeping registers Art. 327a422 A person shall be liable to a fine if he or she wilfully fails to keep any of the following registers in accordance with the regulations or if he or she infringes associated company law obligations:a. in the case of a company limited by shares: the share register in accordance with Article 686 paragraphs 1–3 and 5 CO423 or the register of the beneficial owners of the shares in accordance with Article 697l CO;b. in the case of a limited liability company: the register of contributions in accordance with Article 790 paragraphs 1–3 and 5 CO or the register of the beneficial owners of the capital contributions in accordance with Article 790a paragraph 5 CO in conjunction with Article 697l CO;c. in the case of a cooperative: the register of cooperative members in accordance with Article 837 paragraphs 1 and 2 CO;d. in the case of an investment company with variable capital (Art. 36 of the Collective Investment Schemes Act of 23 June 2006424); the share register recording the company shareholders or the register of the beneficial owners of the shares held by the company shareholders in accordance with Article 46 paragraph 3 of the Collective Investment Schemes Act of 23 June 2006.422 Inserted by No I 2 of the FA of 21 June 2019 on Implementing the Recommendations of the Global Forum on Transparency and Transfer of Information for Tax Purposes, in force since 1 Nov. 2019 (AS 2019 3161; BBl 2019 279).423 SR 220424 SR 951.31Reproduction of postage stamps without intent to commit forgery Art. 328 1.  Any person who reproduces Swiss or foreign postage stamps with the intention of marketing the stamps as reproductions but without making the individual stamps distinguishable as reproductions from genuine stamps, orany person who imports, offers for sale or markets such reproduction stamps,shall be liable to a fine.2.  The reproductions are forfeited.Breach of military secrecy Art. 329 1.  Any person who unlawfullyenters buildings or any other places, the access to which is prohibited by the military authorities,makes drawings, diagrams or plans or takes photographs or makes films of military establishments or objects serving the national defence, or copies or publishes such drawings, diagrams, plans, photographs or films,shall be liable to a fine.2.  Attempts and complicity are also offences.Trading in material requisitioned by the armed forces Art. 330 Any person who unlawfully sells, purchases, pledges or accepts as a pledge, uses, disposes of, destroys or renders unusable property which has been seized or requisitioned by the military authorities in the interest of national defence shall be liable to a fine.425425 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Unauthorised wearing of the military uniform Art. 331 Any person who wears the uniform of the Swiss armed forces without authority shall be liable to a fine.426426 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Failure to report a find Art. 332427 Any person who finds or comes into the possession of property and fails to make a report to the police or the owner as required by Articles 720 paragraph 2, 720a and 725 paragraph 1 of the Civil Code428 shall be liable to a fine.427 Amended by No III of the FA of 4 Oct. 2002 (Basic Article Animals), in force since 1 April 2003 (AS 2003 463 466; BBl 2002 4164 5806).428 SR 210Book Three:429 Introduction and Application of the Code 429 Amended by No III of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Title One: Relationship between this Code and other Federal and Cantonal Acts Application of the General Provisions to other federal acts  Art. 333  1 The general provisions of this Code apply to offences provided for in other federal acts unless these federal acts themselves contain detailed provisions on such offences.2 In the other federal acts, the terms below are replaced as follows:a. penal servitude by a custodial sentence of more than one year;b. imprisonment by a custodial sentence not exceeding three years or by a monetary penalty;c. imprisonment for less than six months by a monetary penalty, whereby a one-month custodial sentence corresponds to a monetary penalty of 30 daily penalty units up to a maximum of 3000 francs.3 An offence that carries a maximum penalty of detention or a fine or of a fine only is a contravention. Articles 106 and 107 apply. Article 8 of the Federal Act of 22 March 1974430 on Administrative Criminal Law is reserved. An offence is also a contravention if, in terms of another Federal Act that came into force before 1942, it carries a term of imprisonment not exceeding three months.4 Sentences of lengths differing from those mentioned in paragraph 2 and Article 41 as well as fines of amounts differing from those mentioned in Article 106 are reserved.5 If another federal act provides for a fine to be imposed for a felony or misdemeanour, Article 34 applies. Rules on determining a penalty that differ from Article 34 do not apply. Article 8 of the Federal Act of 22 March 1974 on Administrative Criminal Law remains reserved. If the fine is limited to a sum under 1 080 000 francs, this limit no longer applies. If the fine is limited to a sum exceeding 1 080 000 francs, this limit continues to apply. In this case, the maximum number of daily penalty units equals the current maximum fine divided by 3000.6 Until they have been amended, the following applies in other federal acts:a. the limitation periods for the prosecution of felonies and misdemeanours are increased by half and the limitation periods for the prosecution of contraventions by twice the ordinary duration;b. the limitation periods for the prosecution of contraventions that exceed one year are increased by the ordinary duration;c. the rules on the interruption and suspension of the limitation period for prosecution are repealed. Article 11 paragraph 3 of the Federal Act of 22 March 1974 on Administrative Criminal Law remains reserved;d. the limitation period for prosecution no longer applies if a judgment is issued by a court of first instance before expiry of the limitation period.e. the limitation periods for the execution of penalties for felonies and misdemeanours continue to apply, and those for penalties for contraventions are increased by one half.f. the provisions on the suspension of the limitation period for the execution of a penalty continue to apply, and those on interruption are repealed.7 The contraventions provided for in other federal acts are offences, even if they have been committed through negligence, unless only intentional commission is an offence in terms of the provision concerned.430 SR 313.0Reference to repealed provisions  Art. 334 If reference is made in federal legislation to provisions being amended or repealed by this Code, the references relate to the provisions of this Code that regulate the matter.Cantonal acts Art. 335 1 The cantons retain the power to legislate on contraventions that are not the subject matter of federal legislation.2 The cantons have the power to provide for sanctions for offences against cantonal administrative and procedural law.Title Two: ... Art. 336–338431 431 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Title Three: ... Art. 339–348432 432 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Title Four: Administrative Assistance on Police Matters433 433 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 349434 434 Repealed by Annex 1 No 5 of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).1. Protection of personal data.  a. Legal basis Art. 349a435 The competent federal authorities may only disclose personal data if there is a legal basis for doing so under Article 7 of the Schengen Data Protection Act of 28 September 2018436 (SADP) or if:a. disclosure of personal data is required to protect the life or physical integrity of the person concerned or of a third party;b. the person concerned has made their personal data general accessible and has not expressly prohibited the disclosure of the data.435 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).436 SR 235.3b. Equal treatment Art. 349b437 1 For the disclosure of personal data to the competent authorities of states linked to Switzerland by one of the Schengen association agreements (Schengen States), no stricter data protection rules may apply than for the disclosure of personal data to Swiss criminal authorities.2 Special laws providing for stricter data protection rules for the disclosure of personal data to the competent foreign authorities do not apply to disclosure to the competent authorities of the Schengen States.437 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).c. Disclosure of personal data to a third country or an international body Art. 349c438 1 Personal data may not be disclosed to the competent authority of a state which is not linked to Switzerland by one of the Schengen association agreements (third country), or to an international body if this would seriously endanger the privacy of the data subjects, in particular due to a lack of adequate protection.2 Adequate protection shall be ensured by:a. the legislation of the third country, if the European Union has so provided in a in a resolution;b. an international treaty;c. specific guarantees.3 If the disclosing authority is a federal authority, it shall inform the Federal Data Protection and Information Commissioner (Commissioner) of the categories of disclosures of personal data made on the basis of specific guarantees pursuant to paragraph 2 letter c. Every disclosure is documented.4 By way of derogation from paragraph 1, personal data may be disclosed to the competent authority of a third country or an international body if disclosure is necessary in a particular case:a. to protect the life or the physical integrity of the data subject or of a third party;b. to prevent imminent serious danger threatening the public security of a Schengen or a third country;c. to prevent, detect or prosecute a criminal offence, provided that disclosure does not conflict with the overriding legitimate interests of the data subject;d. to exercise or enforce legal claims against an authority responsible for the prevention, detection or prosecution of a criminal offence, provided that disclosure does not conflict with the overriding legitimate interests of the data subject.5 If the disclosing authority is a federal authority, it shall inform the Commissioner of the disclosures pursuant to paragraph 4.438 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).d. Disclosure of personal data by a Schengen State to a third country or an international body Art. 349d439 1 Personal data transmitted or made available by a Schengen State may be disclosed to the competent authority of a third country or an international body, only if:a. the disclosure is necessary to prevent, detect or prosecute a criminal offence;b. the Schengen State which transmitted or made available the personal data has given its prior consent to the disclosure; andc. the requirements under Article 349c are fulfilled.2 By way of derogation from paragraph 1 letter b, personal data may be disclosed in a particular case, if:a. the prior consent of the Schengen State not cannot be obtained in time; andb. disclosure is essential to prevent an imminent serious threat to the public security of a Schengen State or a third country or for safeguarding the essential interests of a Schengen State.3 The Schengen State shall be informed immediately of the disclosure referred to in paragraph 2.439 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).e. Disclosure of personal data to a recipient established in a third country Art. 349e440 1 Where it is not possible, in particular in cases of emergency, to disclose personal data to the competent authority of a third country through the normal channels of police cooperation, the competent authority may exceptionally disclose them to a recipient established in that country, provided the following requirements are fulfilled:a. The disclosure is essential to fulfil a statutory task of the authority disclosing the data.b. No overriding interests of the data subject worthy of protection stand in the way of disclosure.2 The competent authority shall inform the recipient of the personal data at the time of disclosure that he may use the data only for the purposes specified by the authority.3 It shall inform the competent authority of the third country without delay of any disclosure of personal data, provided it considers this appropriate.4 If the responsible authority is a federal authority, it shall inform the Commissioner without delay of any disclosure pursuant to paragraph 1.5 It shall document each disclosure of personal data. The Federal Council shall regulate the details.440 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).f. Accuracy of personal data Art. 349f441 1 The competent authority shall correct incorrect personal data without delay.2 It shall notify the authority which transmitted the data, made them available or disclosed them of the correction without delay.3 It shall inform the recipient whether the data it has disclosed are up-to-date and reliable. 4 It shall also provide the recipient with any further information that can be used to distinguish:a. the different categories of data subjects;b. personal data based on facts and on personal assessments.5 The obligation to inform the recipient ceases to apply if the information referred to in paragraphs 3 and 4 is clear from the personal data itself or from the circumstances.441 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).g. Verification of the legality of the data processing Art. 349g442 1 The data subject may request the Commissioner to check whether any data relating to the data subject is being processed lawfully if:a. the data subject’s right to information about the exchange of data about them is restricted or deferred (Art. 18a and 18b of the Federal Act of 19 June 1992443 on Data Protection);b. his or her right to information is denied, restricted or deferred (Art. 17 and 18 SADP444); orc. his or her right to request the rectification, destruction or deletion of data relating to him or her is partially or completely denied (Art. 19 para. 2 let. a SADP).2 Only a federal authority under the supervision of the Commissioner may be examined.3 The Commissioner shall complete the verification; he shall notify the data subject that either no data relating to him or her has been unlawfully processed, or that he has opened an investigation pursuant to Article 22 SADP in the case of errors in the processing of personal data.4 If the Commissioner finds errors in the processing of the data, he shall order the competent federal authority to correct them.5 The notification referred to in paragraph 3 shall always be worded in the same way and is not substantiated. It may not be contested.442 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).443 SR 235.1444 SR 235.3h. Investigation Art. 349h445 1 If a data subject credibly demonstrates that an exchange of personal data concerning him or her could violate the provisions on the protection of personal data, he or she may request the Commissioner to open an investigation pursuant to Article 22 SADP446.2 An investigation may only be opened against a federal authority that is under the supervision of the Commissioner.3 The parties are the data subject and the federal authority against which the investigation has been opened.4 Articles 23 and 24 SADP also apply. 445 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).446 SR 235.32. Cooperation with INTERPOL a. Jurisdiction447 447 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 350 1 The Federal Office of Police carries out the duties of a National Central Bureau in terms of the Constitution and General Regulations of the International Criminal Police Organization (INTERPOL).2 It is responsible for coordinating the exchange of information between the federal and cantonal prosecution services on the one hand and the National Central Bureaus of other states and the General Secretariat of INTERPOL on the other.b. Tasks448 448 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 351 1 The Federal Office of Police coordinates the exchange of police information for the investigation and prosecution offences and for the execution of sentences and measures.2 It may transmit police information for the purpose of preventing offences if there are specific indications that there is a serious probability of a felony or misdemeanour being committed.3 It may coordinate the exchange of information relating to searches for missing persons and for the identification of unknown persons.4 In the interest of preventing and investigating offences, the Federal Office of Police may receive and provide information from and to private individuals if this is in the interests of the persons concerned and their consent has been given or may be assumed in the circumstances.c. Data protection449 449 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 352 1 The exchange of police information is governed by the principles of the Mutual Assistance Act of 20 March 1981450 as well as the Constitution and General Regulations of INTERPOL declared to be applicable by the Federal Council.2 The Federal Act of 19 June 1992451 on Data Protection applies to the exchange of information in connection with searches for missing persons and the identification of unknown persons and for administrative purposes.3 The Federal Office may provide information directly to the Central Bureaus of other states provided the recipient state is subject to the INTERPOL data protection regulations.450 SR 351.1451 SR 235.1d. Financial aid and other payments452 452 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 353 The Confederation may provide financial aid and make payments to INTERPOL.3. Cooperation in connection with the identification of persons453 453 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 354 1 The responsible department registers and stores criminal records data recorded and transmitted to the department by cantonal, federal and foreign authorities in connection with criminal proceedings or in fulfilment of other statutory duties. This data may be used for comparison purposes to identify a wanted or unknown person.2 The following authorities may use and process data in terms of paragraph 1:a. the Computer Centre of the Federal Department of Justice and Police;b. the Federal Office of Police;c. the border posts;d. the police authorities in the cantons.3 Personal data that relates to criminal records data in accordance with paragraph 1 is processed in separate information systems; the procedure is subject to the provisions of the Federal Act of 13 June 2008454 on Federal Police Information Systems, the Asylum Act of 26 June 1998455 and the Federal Act of 16 December 2005456 on Foreign Nationals. The DNA Profile Information System is subject to the provisions of the DNA Profiling Act of 20 June 2003457.4584 The Federal Council:a. regulates the details, and in particular responsibility for data processing, the categories of the data to be recorded, the retention period for the data and cooperation with the cantons;b. designates the authorities that are authorised to enter and retrieve personal data by remote access or to which personal data may be disclosed in individual cases;c. regulates the procedural rights of the persons concerned, and in particular the right to inspect their data as well as to correct, archive or destroy such data.5 The SEM or the Federal Office of Police (fedpol) may transmit the data to the national section of the Schengen Information System (N-SIS) and the Schengen Information System (SIS) in an automated procedure for the purpose of issuing SIS alerts in the SIS.459454 SR 361455 SR 142.31456 SR 142.20457 SR 363458 Amended by Annex 1 No 5 of the FA of 13 June 2008 on the Federal Police Information System, in force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).459 Inserted by Annex 1 No 4 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime (SIS), in force since 1 July 2021  (AS 2021 365; BBl 2020 3465).4.  ... Art. 355460 460 Repealed by Annex 1 No 5 of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).5. Cooperation with Europol a. Exchange of data461 461 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 355a462 1 The Federal Office of Police (fedpol) and the Federal Intelligence Service (FIS) may pass on personal data, including sensitive personal data and personality profiles to the European Police Office (Europol).4632 The passing on of such data is subject in particular to the requirements of Articles 3 and 10–13 of the Agreement of 24 September 2004464 between the Swiss Confederation and the European Police Office.3 At the same time as passing on data, the Federal Office of Police shall notify Europol of the purpose for which the data is provided as well as of any restrictions with regard to its processing to which it is itself subject in accordance with federal or cantonal legislation.4 The exchange of personal data with Europol is regarded as equivalent to an exchange with a competent authority of a Schengen State (Art. 349b).465462 Inserted by Art. 2 of the Federal Decree of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983).463 Amended by No I 3 of the Ordinance of 4 Dec. 2009 on the Amendment of Legislation due to the Creation of the Federal Intelligence Service, in force since 1 Jan. 2010  (AS 2009 6921).464 SR 0.360.268.2465 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since  1 March 2019 (AS 2019 625; BBl 2017 6941).b. Extension of mandate466 466 Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).Art. 355b467 The Federal Council is authorised to agree with Europol amendments to the scope of its mandate in accordance with Article 3 paragraph 3 of the Agreement of 24 September 2004468 between the Swiss Confederation and the European Police Office.467 Inserted by Art. 2 of the Federal Decree of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983).468 SR 0.360.268.25bis. Cooperation under the Schengen Association Agreement. Jurisdiction  Art. 355c469 The federal and cantonal police authorities shall implement the provisions of the Schengen Association Agreement470 in accordance with domestic law.469 Inserted by Art. 3 No 4 of the Federal Decree of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179;  BBl 2004 5965).470 Agreement of 26 Oct. 2004 between the Swiss Confederation, the European Union and the European Community on the Association of that State with the Implementation, Application and Development of the Schengen Acquis (SR 0.362.31); Agreement of 28 April 2005 between the Swiss Confederation and the Kingdom of Denmark on the Establishment of Rights and Obligations between these two States with a view to Cooperation on Schengen (SR 0.362.33); Agreement of 17 Dec. 2004 between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen Acquis and on the criteria and procedure for determining the State responsible for examining an application for asylum lodged in Switzerland, Iceland or Norway (SR 0.362.32).5ter. ... Art. 355d471 471 Inserted by Art. 3 No 4 of the Federal Decree of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin (AS 2008 447 2179; BBl 2004 5965). Repealed by Annex 2 No II of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).5quater. SIRENE Office Art. 355e472 1 The Federal Office of Police maintains a central office (SIRENE Office473) that is responsible for N-SIS.2 Das SIRENE Office is the contact, coordination and consultation point for the exchange of information in connection with the alerts in the SIS. It reviews the formal admissibility of Swiss and foreign alerts in the SIS.472 Inserted by Art. 3 No 4 of the Federal Decree of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179;  BBl 2004 5965).473 Supplementary Information Request at the National Entry.Art. 355f–355g474 474 Inserted by No 4 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (AS 2010 3387; BBl 2009 6749). Repealed by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, with effect from 1 March 2019 (AS 2019 625; BBl 2017 6941).Art. 356–361475 475 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).6. Notification in relation to pornography Art. 362476 If an investigating authority establishes that pornographic articles (Art. 197 para. 4) have been produced in or imported from a foreign state, it shall immediately notify the Federal Central Office for Combating Pornography.476 Amended by Annex No 1 of the Federal Decree of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571).Title Five: ... Art. 363477 477 Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). Revised by the Federal Assembly Drafting Committee on 20 Feb. 2013 (AS 2013 845).Art. 364478 478 Repealed by Annex No 1 of the FA of 15 Dec. 2017 (Child Protection), with effect from 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).Title Six: Register of Criminal Convictions Purpose Art. 365 1 The Federal Office of Justice, with the support of the other federal authorities and the cantons (Art. 367 para. 1), maintains a computerised register of criminal convictions and applications for extracts from the register of convictions in connection with ongoing criminal proceedings, which contains sensitive personal data and personality profiles. The data on convictions and on applications for extracts from the register of convictions in connection with ongoing criminal proceedings are processed separately in the computerised register.2 The register serves to support the federal and cantonal authorities in the fulfilment of the following tasks:a. the conduct of criminal proceedings;b. international mutual assistance and extradition proceedings;c. the execution of sentences and measures;d. civilian and military security checks;e. the imposition and revocation of measures banning entry on foreign nationals under the Federal Act of 26 March 1931479 on the Residence and Settlement of Foreign Nationals as well as the other forms of expulsion;f. the assessment of eligibility for asylum under the Asylum Act of 26 June 1998480;g. naturalisation procedures;h. the grant and revocation of full and provisional driving licences under the Road Traffic Act from 19 December 1958481;i. conduct of consular protection measures;j. statistical processing under the Federal Statistics Act of 9 October 1992482;k.483 the imposition or revocation of child or adult protection measures;l.484 exclusion from the performance of alternative civilian service or prohibition from performing periods of service under the Civilian Service Act of 6 October 1995485;m.486 the assessment of good character for certain forms of work under the Civilian Service Act of 6 October 1995;n.487  the assessment of eligibility for recruitment, exclusion from the armed forces, or readmission to the armed forces or demotion under the Armed Forces Act of 3 February 1995488 (ArmA);o.489  the assessment of suitability for promotion or appointment under the ArmA;p.490  the assessment of grounds for refusing to issue a personal weapon under the ArmA;q.491  the assessment of exclusion from service under the Civil Protection and Civil Defence Act of 4 October 2002492;r.493 the early recognition and prevention of the threats to internal or external security in accordance with Article 6 paragraph 1 IntelSA494;s.495 coordinating the exchange of information with Europol in accordance with Article 355a, provided the data from Europol is required for purposes in accordance with letter r;t.496 reviewing measures banning the entry of foreign nationals under the Foreign Nationals Act of 16 December 2005497 and the preparation of decisions on expulsion under Article 121 paragraph 2 of the Federal Constitution;u.498 procuring and passing on information to foreign security authorities in connection with the requests made under Article 12 paragraph 1 letter d IntelSA; where the passing on of data is not in the interests of the person concerned, such data may only be passed on with that person’s express consent;v.499 clarification of the security risk as part of the background checks in accordance with Article 108b of the Aviation Act of 21 December 1948500 (AviA).479 [BS 1 121; AS 1949 221, 1987 1665, 1988 332, 1990 1587 Art. 3 Abs. 2, 1991 362 No II 11 1034 No III, 1995 146, 1999 1111 2262 Annex No 1, 2000 1891 No IV 2, 2002 685 No I 1 701 No I 1 3988 Annex No 3, 2003 4557 Annex No II 2, 2004 1633 No I 1 4655 No I 1, 2005 5685 Annex No 2, 2006 979 Art. 2 No 1 1931 Art. 18 No 1 2197 Annex No 3 3459 Annex No 1 4745 Annex No 1, 2007 359 Annex No 1. AS 2007 5437 Annex No I]. See now the FA of 16 Dec. 2005 on Foreign Nationals (SR 142.20).480 SR 142.31481 SR 741.01482 SR 431.01483 Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).484 Inserted by No II 1 of the FA of 3 Oct. 2008 (AS 2009 1093 1100; BBl 2008 2707). Amended by No II 1 of the FA of 25 Sept. 2015, in force since 1 July 2016  (AS 2016 1883; BBl 2014 6741).485 SR 824.0486 Inserted by No II 1 of the FA of 3 Oct. 2008 (AS 2009 1093 1100; BBl 2008 2707). Amended by No II 1 of the FA of 25 Sept. 2015, in force since 1 July 2016  (AS 2016 1883; BBl 2014 6741).487 Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213).488 SR 510.10489 Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213).490 Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213).491 Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213).492 SR 520.1493 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).494 SR 121495 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).496 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).497 SR 142.20498 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).499 Inserted by No I 6 of the FA of 25 Sept. 2020 on Police Measures to Combat Terrorism, in force since 1 Jan. 2022 (AS 2021 565, 672; BBl 2019 4751).500 SR 748.0Content Art. 366 1 The register lists persons who have been convicted on the territory of the Confederation, together with Swiss nationals who have been convicted abroad.2 The register also includes:a. convictions for felonies and misdemeanours in cases where a sentence or measure has been imposed;b. convictions for contraventions specified by ordinance of the Federal Council of this Code or any other Federal Act;c. notifications received from abroad of convictions there that must be recorded in accordance with this Code;d. information on the circumstances leading to the amendment of existing entries.3 Convictions of juveniles are included only if the following sentences were imposed:a. a custody order (Art. 25 JCLA501); orb. accommodation in a secure institution (Art. 15 para. 2 JCLA); orc. out-patient treatment (Art. 14 JCLA); ord. an activity prohibition order or a contact prohibition and exclusion order (Art. 16a JCLA).5023bis Convictions of juveniles for contraventions must be included if the penalty involves an activity prohibition order or a contact prohibition and exclusion order (Art. 16a JCLA).5034 The register also lists persons in respect of whom proceedings for felonies and misdemeanours are pending in Switzerland.504501 SR 311.1502 Inserted by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003  (AS 2006 3545; BBl 1999 1979). Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).503 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015  (AS 2014 2055; BBl 2012 8819).504 Originally para. 3.Processing of and access to data Art. 367 1 The following authorities process personal data on convictions in the register in accordance with Article 366 paragraphs 1–3:505a. the Federal Office of Justice;b. the authorities responsible for the administration of civilian criminal justice;c. the authorities responsible for the administration of military criminal justice;d. the authorities responsible for the execution of sentences and measures;e. the cantonal coordination offices.2 The following authorities may have online access to the personal data on convictions in accordance with Article 366 paragraphs 1, 2 and 3 letters a and b:506:a. the authorities listed in paragraph 1;b. the Office of the Attorney General of Switzerland;c. the Federal Office of Police in the course of criminal investigations;d. the Defence Group507;e.508  the State Secretariat for Migration509;f.510 ...g. the cantonal immigration authorities;h. the cantonal authorities responsible for road traffic matters;i.511 the federal authorities responsible for the conduct of personal security checks in terms of Article 2 paragraph 2 letter a of the Federal Act of 21 March 1997512 on Measures to Safeguard Internal Security;j.513 the Federal Office for Civilian Service514;k.515 the cantonal authorities responsible for decisions on ineligibility for civil defence service;l.516 the Federal Witness Protection Agency in accordance with the Federal Act of 23 December 2011517 on Extra-Procedural Witness Protection in order to fulfil their tasks;m.518 the FIS;n.519 the cantonal police authorities responsible for clarifying the security risk in accordance with Article 108c AviA520.2bis The following authorities may also have online access to the personal data on convictions in accordance with Article 366 paragraphs 3 letters c:a. the Defence Group521 for the purposes of assessing eligibility for recruitment, exclusion from the armed forces, or readmission to the armed forces or demotion under the ArmA522, the assessment of grounds for refusing to issue a personal weapon under the ArmA, and the assessment of suitability for promotion or appointment under the; b.523 the federal authorities responsible for personnel security screening under Article 2 paragraph 2 letter a of the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security; c. authorities responsible for the administration of civilian criminal justice in order to conduct criminal proceedings (Art. 365 para. 2 let. a);d. cantonal coordination offices and the Federal Office of Justice in order to fulfil their statutory duties in relation to keeping registers;e. the authorities responsible for the execution of sentences and measures in order to execute sentences and measures (Art. 365 para. 2 let. c).5242ter Authorities in terms of paragraphs 2 letters c–l and 2septies may access judgements that include an expulsion order for as long as the person concerned is subject to that order. If the period under Article 369 is longer, that period applies as the duration of access.5252quater In order to fulfil its duties under Article 365 paragraph 2 letters n–q, the federal office responsible for the register shall notify the Defence Group regularly of the following data newly recorded in VOSTRA relating to persons eligible for military service, members of the armed forces and persons required to do civil defence service:526a. convictions for felonies or misdemeanours;b. custodial measures;c. decisions on breaches of probation by persons subject to recruitment and members of the armed forces.5272quinquies Notice is given of the personal details of Swiss nationals over the age of 17 who are registered in accordance with paragraph 2quater. If the Armed Forces Joint Staff identifies a reported person as being subject to recruitment or as a member of the armed forces, the office responsible for the register also provides the data on the conviction and sentence.5282sexies Notice and identification in accordance with paragraph 2quinquies may be effected via an electronic interface between the Armed Forces Personnel Information System (PISA) and the register.5292septies For the purpose of carrying out background checks with a view to granting or withdrawing recognition as a "Youth and Sport" officer, the Federal Office of Sport may by written request inspect personal data relating to criminal convictions.5303 The Federal Council may, if the number of requests for information so justifies, after consulting the Federal Data Protection and Information Commissioner531 and until formal legislation on the relevant legal principles comes into force, extend the rights of inspection under paragraph 2 to additional federal and cantonal law enforcement and administrative authorities.4 Personal data in relation to pending criminal proceedings may only be processed by the authorities listed in paragraph 2 letters a–e, i, j and l–n.5324bis ...5334ter For the purpose of carrying out background checks with a view to granting or suspending recognition as a "Youth and Sport" officer, the Federal Office of Sport may by written request inspect personal data relating to criminal convictions.5345 Each canton shall establish a coordination office for the processing of the data in the register.6 The Federal Council regulates the details, and in particular:a. responsibility for data processing;b. the categories of data to be recorded and their retention periods;c. cooperation with the authorities concerned;d. the duties of the coordination offices;e. the right to information and the other procedural rights for the protection of the persons concerned;f. data security;g. the authorities that may report personal data in written form, enter data in the register, consult the register or to which personal data may be disclosed in individual cases;h. the passing on of electronic data to the Swiss Federal Statistical Office.505 Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013  (AS 2010 6015, 2011 487; BBl 2009 5917).506 Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013  (AS 2010 6015, 2011 487; BBl 2009 5917).507 Name in accordance with Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2018 (AS 2016 4277, 2017 2297; BBl 2014 6955).508 Amended by No I 3 of the Ordinance of 3 Nov. 2004 on the Amendment of Statutory Provisions due to the Merger of the Federal Offices IMES and FOR, in force since 1 Jan. 2005 (AS 2004 4655).509 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015510 Repealed by No I 3 of the Ordinance of 3 Nov. 2004 on the Amendment of Statutory Provisions due to the Merger of the Federal Offices IMES and FOR, with effect from 1 Jan. 2005 (AS 2004 4655).511 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).512 SR 120513 Inserted by No II of the FA of 21 March 2003, in force since 1 Jan. 2004  (AS 2003 4843 4854; BBl 2001 6127).514 The name of this administrative unit was amended by Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1), in force since 1 Jan. 2019.515 Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems, in force since 1 Jan. 2010 (AS 2009 6617; BBl 2008 3213).516 Inserted by Annex No 3 of the FA of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715; BBl 2011 1).517 SR 312.2518 Inserted by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).519 Inserted by No I 6 of the FA of 25 Sept. 2020 on Police Measures to Combat Terrorism, in force since 1 Jan. 2022 (AS 2021 565, 672; BBl 2019 4751).520 SR 748.0521 Name in accordance with Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2018 (AS 2016 4277, 2017 2297; BBl 2014 6955).522 SR 510.10523 Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095; BBl 2014 2105).524 Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems  (AS 2009 6617; BBl 2008 3213). Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487; BBl 2009 5917).525 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).526 Amended by Annex No 2 of the FA of 18 March 2016, in force since 1 Jan. 2018  (AS 2016 4277, 2017 2297; BBl 2014 6955).527 Originally: para. 2ter. Inserted by Annex No 1 of the FA of 3 Oct. 2008 on Military Information Systems (AS 2009 6617; BBl 2008 3213). Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013  (AS 2010 6015, 2011 487; BBl 2009 5917).528 Inserted by Annex No 2 of the FA of 19 March 2010  (AS 2010 6015, 2011 487; BBl 2009 5917). Amended by No I 1 of the FA of 20 March 2015 (Implementation of Art.  121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016  (AS 2016 2329; BBl 2013 5975).529 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).530 Originally: para. 2sexies. Inserted by Art. 34 No 1 of the Sport Promotion Act of 17 June 2011, in force since 1 Oct. 2012 (AS 2012 3953; BBl 2009 8189).531 The name of this administrative unit was amended by Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937).532 Amended by No I 6 of the FA of 25 Sept. 2020 on Police Measures to Combat Terrorism, in force since 1 Jan. 2022 (AS 2021 565, 672; BBl 2019 4751).533 Inserted by No II 1 of the FA of 3 Oct. 2008 (AS 2009 1093; BBl 2008 2707). Repealed by No II 1 of the FA of 25 Sept. 2015, with effect from 1 July 2016  (AS 2016 1883; BBl 2014 6741).534 Inserted by Art. 34 No 1 of the Sport Promotion Act of 17 June 2011, in force since 1 Oct. 2012 (AS 2012 3953; BBl 2009 8189).Notice of information subject to registration Art. 368 The competent federal authority may give notice of entries in the register to the offender's country of origin.Removal of entries Art. 369 1 Convictions that involve a custodial sentence are removed ex officio if the following periods have elapsed over and above the period of the sentence imposed by the court:a. 20 years in the case of a custodial sentence of at least five years;b. 15 years in the case of a custodial sentence of at least one but less than five years;c. ten years in the case of custodial sentences of less than a year;d.535 ten years in the case of deprivation of liberty in accordance with Article 25 JCLA536.2 In the event that a custodial sentence has already been entered in the register, the periods in accordance with paragraph 1 are extended by the duration of that sentence.3 Convictions involving a suspended custodial sentence, a suspended custody order, a monetary penalty, community service or a fine as the main penalty are removed ex officio after ten years.5374 Convictions that involve an in-patient measure in addition to a sentence or an in-patient measure alone are removed ex officio after:a. 15 years in the case of measures under Articles 59–61 and 64;b.538  ten years in the case of secure placement in accordance with Article 15 paragraph 2 of the JCLA.c.539 seven years  in the case of open placement in an institution or with private persons in accordance with Article 15 paragraph 1 JCLA.4bis Convictions that solely involve out-patient treatment in accordance with Article 63 are removed ex officio after ten years. Convictions that involve out-patient treatment in accordance with Article 14 JCLA are removed ex officio after five years unless it is possible to calculate the period in accordance with paragraphs 1–4.5404ter Convictions that solely involve a measure under Article 66 paragraph 1, 67 paragraph 1 or 67e of this Code or under Articles 48, 50 paragraph 1 or 50e of the Military Criminal Code541 are removed ex officio after ten years.5424quater Convictions that solely involve a prohibition order under Article 67 paragraphs 2–4 or under 67b of this Act or under Article 50 paragraphs 2–4 or under 50b MCC are removed ex officio after ten years.5434quinquies Convictions that solely involve a prohibition order under Article 16a JCLA are removed ex officio after seven years.5445 The periods in accordance with paragraph 4 are extended by the duration of the remainder of the sentence.5bis Convictions that include an expulsion order remain on the register until the death of the person concerned. If the person concerned is not resident in Switzerland, the conviction is removed from the register at the latest 100 years after his birth. If the person concerned acquires Swiss citizenship, he may apply to have the conviction removed in accordance with periods set out in paragraphs 1–5 eight years after naturalisation.5456 The period begins to run:a.546 in the case of convictions under paragraphs 1, 3 and 4ter, 4quater and 4quinquies: on the day on which the conviction becomes legally binding;b. in the case of convictions under paragraphs 4 and 4bis: on the day on which the measure is revoked or the person concerned receives his final discharge from the measure.5477 After removal, the entry may no longer be reconstructed. The removed conviction may no longer be cited against the person concerned.8 Data from the register of convictions must not be archived.535 Inserted by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003, in force since 1 Jan. 2007 (AS 2006 3545; BBl 1999 1979).536 SR 311.1537 Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013  (AS 2010 6015, 2011 487; BBl 2009 5917).538 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).539 Inserted by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013  (AS 2010 6015, 2011 487; BBl 2009 5917).540 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions)(AS 2006 3539 3544; BBl 2005 4689). Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 (AS 2010 6015, 2011 487;  BBl 2009 5917).541 SR 321.0542 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055;  BBl 2012 8819).543 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).544 Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).545 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).546 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).547 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).Removal of convictions involving an activity prohibition order or a contact prohibition and exclusion order Art. 369a548 Convictions that involve a prohibition order under Article 67 paragraphs 2–4 or 67b of this Code, under Article 50 paragraphs 2–4 or 50b MCC549 or under Article 16a JCLA550shall be removed ex officio ten years after the expiry of the prohibition order.551 If the terms are longer under Article 369, then these terms apply.548 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015  (AS 2014 2055; BBl 2012 8819).549 SR 321.0550 SR 311.1551 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).Right to inspect Art. 370 1 Any person has the right to inspect the entire entry relating to him.2 No copy may be issued.Extract for private individuals552 552 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015  (AS 2014 2055; BBl 2012 8819).Art. 371 1 Any person may request the Swiss Central Register of Convictions to issue a written extract from the register of criminal convictions relating to him. The extract lists convictions for felonies and misdemeanours; convictions for contraventions appear in the extract only if an activity prohibition order or a contact prohibition and exclusion order in accordance with Article 67 or 67b of this Code or under Article 50 or 50b MCC553 or under Article 16a JCLA554was imposed.5552 Juvenile convictions appear in the extract from the register of convictions only if the person concerned was convicted as an adult of additional offences that must be included in the extract from the register of convictions.3 A conviction containing a sentence is no longer included in the extract from the register of convictions if two thirds of the period required for removal in accordance with Article 369 paragraphs 1–5 and 6 has elapsed.5563bis A conviction containing a suspended or partially suspended sentence is no longer included in the extract from the register of convictions if the offender was of good behaviour until the expiry of the probationary period.5574 A conviction containing a measure in addition to a sentence or a measure alone is no longer included in the extract from the register of convictions if half of the period required for removal in accordance with Article 369 paragraphs 1–5 and 6 has elapsed.5584bis A conviction that includes an expulsion order appears in the extract from the register of convictions for as long as the person concerned is subject to the order. If the period under paragraph 3 or 4 is longer, it determines how long the order appears in the private extract.5595 On expiry of the period in accordance with paragraphs 3, 4 and 4bis, the conviction remains in the extract from the register of convictions if it contains a conviction in respect of which the period has not yet expired.560553 SR 321.0554 SR 311.1555 Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).556 Amended by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).557 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).558 Amended by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).559 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).560 Amended by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).Special private extract Art. 371a561 1 The following persons may request a special private extract from the register of convictions relating to their person:a. a person applying:1. to carry on a professional or organised non-professional activity that involves regular contact with minors or with other especially vulnerable persons, or 2. to carry on a professional or organised non-professional activity in the health sector with direct contact with patients; orb. a person carrying on an activity under letter a.5622 Along with the application, he must submit written confirmation in which the entity requesting him to provide the special private extract, be it the employer, the organisation or the competent authority for authorising the exercise of the activity, confirms that:563a. the applicant is applying to carry on or is carrying on the activity under paragraph 1; andb. he must provide the special private extract for the purpose of the new activity or of continuing existing activity.3 The special private extract displays:a.564 convictions that involve an activity prohibition order under Article 67 paragraphs 2–4 of this Code or under Article 50 paragraphs 2–4 MCC565;b. convictions that involve a contact prohibition and exclusion order under Article 67b of this Code or under Article 50b MCC, provided this prohibition order was imposed in order to protect minors or other especially vulnerable persons;c. convictions against juveniles that involve an activity prohibition order under Article 16a paragraph 1 JCLA566 or a contact prohibition and exclusion order under Article 16a paragraph 2 JCLA that was imposed in order to protect minors or other especially vulnerable persons.4 A conviction shall be displayed in the special private extract for as long as a prohibition order under paragraph 3 involved therein continues to apply.561 Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).562 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).563 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).564 Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).565 SR 321.0566 SR 311.1Title Seven: Execution of Sentences and Measures, Probation Assistance, Institutions and Facilities 1. Duty to execute sentences and measures Art. 372 1 The cantons shall execute the judgments issued by their criminal courts on the basis of this Code. They are obliged to execute the judgments of the federal criminal justice authorities in return for the reimbursement of their costs.2 Decisions in criminal cases made by police authorities and other competent authorities and the decisions of prosecution services are deemed equivalent to court judgments.3 The cantons shall guarantee the uniform execution of criminal sanctions.567567 Inserted by No II 2 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and the Division of Tasks between the Confederation and the Cantons (NFA), in force since 1 Jan. 2008 (AS 2007 5779 5817; BBl 2005 6029).2. Monetary penalties, fines, costs and forfeitures Execution Art. 373 Legally binding decisions issued on the basis of federal or cantonal criminal law relating to monetary penalties, fines, costs and the forfeiture of property or assets may be executed anywhere in Switzerland.Right of disposal Art. 374 1 The cantons are entitled to the monetary penalties and fines imposed and the property and assets forfeited in accordance with this Code.2 The Confederation is entitled to the proceeds of the cases judged by the Criminal or Appeals Chamber of the Federal Criminal Court.5683 The use of proceeds for the benefit of persons harmed in accordance with Article 73 is reserved.4 The provisions of the Federal Act of 19 March 2004569 on the Division of Forfeited Assets are reserved.570568 Amended by No II 2 of the FA of 17 March 2017 (Creation of an Appeals Chamber in the Federal Criminal Court), in force since 1 Jan. 2019 (AS 2017 5769; BBl 2013 7109,  2016 6199).569 SR 312.4570 Inserted by Annex No 1 of the FA of 19 March 2004 on the Division of Forfeited Assets, in force since 1 Aug. 2004 (AS 2004 3503; BBl 2002 441).3. Community service Art. 375 1 The cantons are responsible for the execution of community service orders.2 The competent authority decides on the nature and form of community service to be performed.3 The statutory maximum number of working hours may be exceeded in the performance of community service. The regulations on health and safety in the workplace remain applicable.4. Probation assistance Art. 376 1 The cantons organise the system of probation assistance. They may delegate this duty to private organisations.2 Probation assistance is normally the responsibility of the canton in which the probationer is resident.5. Institutions and facilities Duty of the cantons to establish and operate Art. 377 1 The cantons shall establish and operate institutions and institution units for prison inmates in open and secure custody as well as for prison inmates in semi-detention and in the day release employment.2 They may also provide units for special inmate groups, and in particular for:a. women;b. prison inmates of specific age groups;c. prison inmates serving very long or very short sentences;d. prison inmates that require constant care or treatment or are receiving basic or advanced training.3 They shall establish and operate the institutions provided for in this Code for the execution of measures.4 They shall ensure that the regulations and the operation of the institutions and facilities comply with this Code.5 They shall facilitate the basic and advanced training of the staff.Cooperation between the cantons Art. 378 1 The cantons may enter into agreements on the joint establishment and operation of institutions and facilities or secure themselves a right of joint use of the institutions and facilities belonging to other cantons.2 The cantons shall inform each other of the special features of their institutions and facilities, and in particular of the range of care, treatment and employment services; they shall cooperate in the allocation of prison inmates to institutions and facilities.Licensing of private institutions Art. 379 1 The cantons may grant licences to privately run institutions and facilities authorising them to execute sentences in the form of semi-detention and of day release employment together with measures under Articles 59–61 and 63.2 Privately run institutions and facilities are subject to the supervision of the cantons.Allocation of costs Art. 380 1 The costs of the execution of sentences and measures are borne by the cantons.2 The offender shall contribute in an appropriate manner to the costs:a. by performing work while serving a sentence or undergoing a measure; b. in accordance with his income or assets if he refuses to perform work assigned to him even though the work satisfies the requirements of Articles 81 or 90 paragraph 3; orc.571 by deduction of part of the income due to him as payment for an activity while in semi-detention, while subject to electronic monitoring, while on day release employment or while in external accommodation combined with day release employment.3 The cantons shall issue detailed regulations on offenders' contributions to costs.571 Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).Title 7a:572  Liability in Cases of Discharge from Lifelong Incarceration 572 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).Art. 380a 1 If a person subject to lifelong incarceration is released on parole or discharged from incarceration and commits a felony mentioned in Article 64 paragraph 1bis, the responsible body politic shall be liable for the resultant injury and loss.2 In relation to rights of recourse against the offender and the time limits for filing claims for damages or satisfaction, the provisions of the CO573 on unlawful acts apply.3 In relation to rights of recourse against the members of the authority issuing the order, cantonal law or the Government Liability Act of 14 March 1958574 applies.573 SR 220574 SR 170.32Title Eight: Pardons, Amnesties, Re-opening of Cases 1. Pardons Jurisdiction Art. 381 The right to grant a pardon in relation to convictions based on this Code or any other federal act is exercised:a.575 by the Federal Assembly in cases in which the Criminal or Appeals Chamber of the Federal Criminal Court or an administrative authority of the Confederation has passed judgment;b. by the pardons authority of the Canton in cases in which a cantonal authority has passed judgment.575 Amended by No II 2 of the FA of 17 March 2017 (Creation of an Appeals Chamber in the Federal Criminal Court), in force since 1 Jan. 2019 (AS 2017 5769; BBl 2013 7109,  2016 6199).Pardon petition Art. 382 1 The petition for a pardon may be filed by the offender, his legal representative or, with consent of the offender, by his defence agent, spouse or registered partner.5762 In the case of political felonies and misdemeanours and in the case offences connected with political felonies or misdemeanours, the Federal Council or the cantonal government is also entitled to initiate the pardon procedure.3 The pardons authority may stipulate that the petition for a pardon that has been refused may not be filed again before the expiry of a certain period.576 Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). Effects Art. 383 1 A pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence.2 The pardon decree specifies the extent of the pardon.2. Amnesties Art. 384 1 The Federal Assembly may grant an amnesty in criminal matters governed by this Code or any other federal act.2 An amnesty excludes the prosecution of specific offences or categories offender and grants the remission of related sentences.3. Re-opening of cases Art. 385 In the case of convictions based on this Code or any other federal act, where important information or evidence comes to light that was not available to the court at the time of the earlier proceedings, the cantons must allow the re-opening of the case for the benefit of the offender.Title Nine: Preventive Measures, Supplementary Provisions and General Transitional Provisions 1. Preventive measures Art. 386577 1 The Confederation may employ investigative, educational and further measures aimed at preventing specific offences and crime in general.2 It may support projects that have the aim mentioned in paragraph 1.3 It may participate in organisations that carry out measures mentioned in paragraph 1 or establish and support such organisations.4 The Federal Council regulates the nature, aims and form of the preventive measures.577 In force since 1 Jan. 2006 in accordance with the Ordinance of 2 Dec. 2005  (AS 2005 5723)2. Supplementary provisions of the Federal Council Art. 387 1 The Federal Council has the power after consulting the cantons to enact provisions on:a. the execution of cumulative sentences, supplementary sentences and cases where two or more individual sentences are executed simultaneously;b. the assignment of the responsibility for executing sentences and measures to another canton;c. the execution of sentences and measures imposed on persons suffering from illness or invalidity, or elderly persons;d. the execution of sentences and measures in cases under Article 80 involving women;e. the wages paid to prison inmates in accordance with Article 83.1bis The Federal Council enacts the required provisions on the establishment of the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration (Art. 64c para. 1) relating to the appointment of members of the Commission and their remuneration, procedures and the organisation of the Commission.5782 The Federal Council may at the request of the responsible cantonal authority issue special provisions on the separation of the institutions of the Canton of the Ticino.3 The Federal Council may provide that data removed from the register of criminal convictions be preserved for research purposes; if such data is preserved, the privacy of the persons concerned must be protected and the principles of data protection must be complied with.4 The Federal Council may by way of a trial and for limited time:a. introduce or permit new penalties and measures as well as new forms of execution and modify the scope of application of existing sanctions and forms of execution;b. introduce or permit the delegation of the execution of custodial sentences to privately run institutions that satisfy the requirements of this Code relating to the implementation of sentences (Art. 74–85, 91 and 92). These institutions are subject to the supervision of the cantons.5 The cantonal implementing provisions for the trial of new sanctions and forms of execution and the execution of sentences by privately run institutions (para. 4) require the approval of the Confederation in order to be valid.578 Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).3. General transitional provisions Execution of earlier judgments Art. 388 1 Judgments issued in application of the previous law are executed in accordance with the previous law. The exceptions in paragraphs 2 and 3 are reserved.2 Where an act that does not carry a penalty under the new law has led to conviction under the previous law, the sentence or measure imposed is no longer executed.3 The provisions of the new law on the regime for the execution of sentences and measures and on the rights and obligations of prison inmates also apply to offenders who have been convicted in accordance with the previous law.Limitation Art. 389 1 Unless the law provides otherwise, the provisions of the new statute of limitations for prosecution and the execution of sentences and measures, if they are less strict, also apply to offenders who have committed offences or been convicted before this Code comes into force.2 The periods of time that have elapsed before the new law comes into force are taken into account.Offences prosecuted on complaint Art. 390 1 In the case offences that are only prosecuted on complaint, the period for filing a complaint is calculated in accordance with the law that applied at the time of the offence.2 If the new law requires a complaint to be filed in respect of an offence that was prosecuted ex officio under the previous law, the period for filing the complaint begins when the new law comes into force. If the prosecution has already been initiated, it may only be continued if a complaint is filed.3 If the new law stipulates the ex officio prosecution of an offence that was only prosecuted on complaint under the previous law, an offence committed before the new law comes into force is only prosecuted if a complaint is filed.4. Cantonal transitional provisions Art. 391 The cantons shall notify the Confederation of the required transitional provisions to the Swiss Criminal Code.5. Commencement of this Code Art. 392 This Code comes into force on 1 January 1942.Final Provisions of the Amendment of 18 March 1971579 579 FA of 18 March 1971, in force since 1 July 1971 (AS 1971 777 807; BBl 1965 I 561) and for Art. 49 No 4 para. 2, 82–99, 370, 372, 373, 379 No 1 para. 2, 385 and 391 in force since 1 Jan. 1974 (AS 1973 1840). Repealed by No IV of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).Final Provisions of the Amendment of 13 December 2002580 580 AS 2006 3459 3535; BBl 1999 19791. Execution of sentences1 Article 46 applies to the revocation of the suspended execution of a sentence ordered under the previous law. The court may impose a monetary penalty (Art. 34–36) or community service (Art. 37–39) instead of a custodial sentence.2 The secondary penalties imposed under the previous law of disqualification from holding public office (prev. Art. 51581), revocation of parental authority and placing under guardianship (prev. Art. 53582), expulsion due to conviction for an offence (prev. Art.. 55583), prohibition from entering premises licensed to sell alcohol (prev. Art.. 56584) are repealed when the new law comes into force.3 The provisions of the new law on the execution of custodial sentences (Art. 74–85, 91 and 92) and on probation assistance, conduct orders and the voluntary social supervision (Art. 93–96) also apply to offenders who were convicted under the previous law.2.585 Imposition and execution of measures1 The provisions of the new law on measures (Art. 56–65) and on the execution of measures (Art. 90) also apply to offenders who committed an offence or were convicted before the new law comes into force. However the following also applies:a. The retrospective ordering of indefinite incarceration in accordance with Article 65 paragraph 2 is permitted only if indefinite incarceration would have been possible on the basis of Article 42 or 43 number 1 paragraph 2 of the previous law.b. The detention of young adults in a vocational training institution (Art. 100bis in its version of 18 March 1971586) and any measure for young adults (Art. 61) may not be for a period in excess of four years.2 Until twelve months at the latest after the new law comes into force, the court shall assess whether persons indefinitely incarcerated under Articles 42 or 43 number 1 paragraph 2 of the previous law fulfil the requirements for imposing a therapeutic measure (Art. 59–61 or 63). If they do, the court shall impose the relevant; if not, indefinite incarceration is continued in accordance with the new law.3. Register of criminal convictions1 The provisions of the new law on the register of criminal convictions (Art. 365–371) also apply to convictions under the previous law.2 By six months at the latest after the new law comes into force, the competent authority shall ex officio remove entries relating to:a. educative measures (Art. 91 in its version of 18 March 1971587), with the exception of those ordered on the basis of Article 91 number 2 in its version of 18 March 1971;b. special treatment (Art. 92 in its version of 18 March 1971);c. the obligation to perform work (Art. 95 in its version of 18 March 1971).5883 Entries deleted under the previous law are no longer included in the extract from the register of convictions for private individuals.5894. Institutions for the execution of measuresThe cantons shall establish institutions for the implementation of measures under Articles 59 paragraph 3 and 64 paragraph 3 within ten years at the latest of these amendments coming into force.581 AS 1971 777582 BS 3 203583 AS 1951 1584 BS 3 203585 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).586 AS 1971 777587 AS 1971 777588 Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).589 Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).Transitional Provision to the Amendment of 12 December 2014590 590 AS 2015 1389; BBl 2014 605Article 305bis does not apply to aggravated tax misdemeanours as defined in Article 305bis number 1bis that were committed before the amendment of 12 December 2014 comes into force.Transitional Provision to the Amendment of 26 September 2014591 591 AS 2015 1623; BBl 2014 889 913The right to information under Article 92a also applies to the execution of sentences and measures that was ordered under the previous law.Transitional Provision to the Amendment of 19 June 2015592 592 AS 2016 1249; BBl 2012 4721If the offender was sentenced under the previous law to a monetary penalty of more than 180 daily penalty units within the five years prior to the offence the sentence may only be suspended (Art. 42 para. 1) where the circumstances are especially favourable.