Book Two : Specific Provisions

Title Seventeen: Felonies and Misdemeanours against the Administration of Justice

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 64 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.

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.

Art. 305bis

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, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

2. 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.
A serious case is constituted, in particular, where The offender :

a. acts as a member of a criminal organisation ;
b. acts as a member of a group that has been formed for the purpose of the continued conduct of money laundering activities ; or
c. 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.

Art. 305ter

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 is liable to a custodial sentence not exceeding one year or to a monetary penalty.

2. The persons included in paragraph 1 above are entitled to report to the internal criminal justice authorities or the federal authorities designated by law any observations that indicate that assets originate from a felony.

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 is 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.

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 is 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 not exceeding five years or a monetary penalty of not less than 180 daily penalty units.

3. If the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty not exceeding 180 daily penalty units.

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.

2. 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).

Art. 309

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.

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 is 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 is 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 is liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.

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 intent
to 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, or
to break out of the institution by using force,

shall be liable to a custodial sentence not exceeding three years or to a monetary penalty of not less than 30 daily penalty units.

2. Participants who commit 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.

Book Two : Specific Provisions

Title Nineteen : 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 advantage which is not due to him, or offers, promises or gives such an advantage to a third party, in order to cause that 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,
is liable to a custodial sentence not exceeding five years or to a monetary penalty.

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 advantage which is not due to him 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 discretion,
is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 322quinquies

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 advantage which is not due to him in order that he carries out his official duties,
is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 322sexies

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 advantage which is not due to him in order that he carries out his official duties,
is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Book Two : Specific Provisions

Title Nineteen : Bribery

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 advantage which is not due to him, 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 advantage which is not due to him 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 discretion
is liable to a custodial sentence not exceeding five years or to a monetary penalty.