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.
EDIT.