Book One: 4 General Provisions

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

Title One: Scope of Application

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, suspended or has prescribed.

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.

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.

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.

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. 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. 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 effect.

2 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.

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 200311 (JCLA) are reserved. Where an offence committed before and after attaining the age of 18 must be judged, Article 3 paragraph 2 JCLA applies.

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.

Art. 264n

The prosecution of 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 Code ;
b. Article 14 and 15 of the Government Liability Act of 14 March 1958 ;
c. Article 17 of the Parliament Act of 13 December 2002 ;
d. Article 61a of the Government and Administration Organisation Act of 21 March 1997;
e. Article 11 of the Federal Supreme Court Act of 17 June 2005 ;
f. Article 12 of the Federal Administrative Court Act of 17 June 2005 ;
g. Article 16 of the Patent Court Act of 20. March 2009 ;
h. Article 50 of the Criminal Justice Authorities Act of 19 March 2010.