Switzerland

Swiss Criminal Code

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.

Keywords

Complementarity
Universal jurisdiction



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