Log in/Get started →

Asylum Act (AsylA) (AsylA)

By Steph6
12345678910111213141516171819202122
In The Matter OfAsylum Act (AsylA) (AsylA)
Exhibit A
Asylum Act (AsylA) (AsylA)
Steph
Steph6
Scroll to open
Home01 Principles02 Asylum Seekers03 Granting Of Asylum And Legal Status Of Refugees04 Granting Temporary Protection And The Legal05 Social Assistance And Emergency Aid06 Federal Subsidies07 Planning Approval For Federal Buildings08 Processing Of Personal Data09 Legal Protection Appeal Proceedings Re10 Asylum Proceedings In Test Phases11 International Cooperation12 Criminal Provisions13 Final Provisions14 Final Provisions To The Amendment Of 1915 Transitional Provisions To The Amendment Of 1616 Transitional Provision To The Amendment Of 2817 Transitional Provisions To The Amendment Of 1418 Transitional Provisions To The Amendment Of 2619 Transitional Provisions To The Amendment Of 2520 Transitional Provision To The Amendment Of 1621 Transitional Provision To The Amendment Of 1

Amended by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Criminal Provisions relative to Chapter

Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).

Art. 115 Misdemeanours

Any person who commits any of the following acts is liable to a monetary penalty not exceeding 180 daily penalty units, unless the act constitutes a felony or misdemeanour that carries a higher penalty under the SCC: a. obtaining, on the basis of this Act, for themselves or for another by providing false or incomplete information or in another way a pecuniary advantage that is not theirs by right; [tab] b. completely or partly evading the duty to pay the special charge in accordance with Article 86 by providing false or incomplete information or in another way; c. ... [tab] d. assists a person to commit an offence under Article 116 letter c with a view to his or her own financial gain, in particular through planning or organisation.

SR 311.0. Term in accordance with Annex No 2 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). Amended by Art. 333 of the Criminal Code (SR 311.0) in the version contained in the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). let. tab — Amended by No I of the FA of 16 Dec. 2005, in force since 1

Art. 116 Contraventions

Any person who commits any of the following acts is liable to a fine, unless the act constitutes an offence under Article 115: a. violating the obligation to provide information by knowingly providing false information or refusing to provide information; b. resisting a check instructed by the competent authority or rendering this impossible in another way; c. carries out public political activities as an asylum seeker in Switzerland solely with the intention of establishing subjective post-flight grounds within the meaning of Article 54; d. assists a person to commit an offence under letter c, in particular through planning or organisation.

let. c — Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325). let. d — Inserted by No I of the FA of 14 Dec. 2012, in force since 1 Feb. 2014 (AS 2013 4375 5357; BBl 2010 4455, 2011 7325).

Art. 116a

Inserted by No I of the FA of 16 Dec. 2005 (AS 2006 4745, 2007 5573; BBl 2002 6845). Repealed by Annex No 1 of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2018 (AS 2017 6521; BBl 2016 2821, 2013 2397).

Art. 117

Repealed by Annex No 1 of the FA of 16 Dec. 2016 (Integration), with effect from 1 Jan. 2018 (AS 2017 6521; BBl 2016 2821, 2013 2397).

Section 2 Criminal Provisions relative to Chapter

Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).

Art. 117a Improper processing of personal data

Any person who processes personal data stored in Eurodac for a purpose other than to establish which state is responsible for examining an application for asylum made by a citizen of a third country in a state subject to the Dublin Association Agreements is liable to a fine.

Section 3 Prosecution

Inserted by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).

Art. 118 ...

Prosecution is the responsibility of the cantons.

Art. 118 — Repealed by Art. 3 No 2 of the FD of 17 Dec. 2004 on the Approval and the Implementation of the Bilateral Agreements between Switzerland and the EU on Association with Schengen and Dublin, with effect from 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. a; BBl 2004 5965).