Book One: 4 General Provisions

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

Title One: Scope of Application

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

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

3 Unless the offence involves a gross violation of the principles of the Federal Constitution and of the ECHR9, the person concerned is not liable to further prosecution in Switzerland if :
he has been acquitted of the offence abroad in a legally binding judgment ;
the sentence that was imposed abroad has been executed, waived, or has prescribed.

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.

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 ; and
c. 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; or
b. 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 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, waived, or has prescribed.

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. Thecourt 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.

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

a. a foreign authority or an international criminal court whose jurisdiction is recognised by Switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court ; or
b. the suspected perpetrator is no longer in Switzerland and is not expected to return there.

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