Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title One: Scope of Application

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. trafficking in human beings (Art. 182), indecent assault (Art. 189), rape (Art. 190), sexual acts with a person incapableof proper judgment or resistance (Art. 191) or encouraging prostitution (Art. 195) if the victim was less than 18 years of age ;
b. sexual acts with children (Art. 187) if the victim was less than 14 years of age ;
c. aggravated pornography (Art. 197 no. 3) if the articles or representations depict sexual acts with children.

2 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR8, 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, waived, or has prescribed.

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.

Book Two : Specific Provisions

Title Twelvequater : Common Provisions for Title Twelvebis and Title Twelveter

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.