Cultural Property Transfer Act (CPTA)
From 1 Jan. 2007 the penalties and limitation periods must be interpreted or recalculated in application of Art. 333 paras 2–6 of the Criminal Code (SR 311.0) in its version in the FA of 13 Dec. 2002 (AS 2006 3459; BBl 1999 1979).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 24 Misdemeanours
1 Unless the offence carries a higher penalty under another legal provision, anyone who wilfully commits any of the following acts is liable to a custodial sentence not exceeding one year or to a monetary penalty: a. imports, sells, offers for sale, supplies or brokers the sale of, acquires or exports cultural property that has been stolen or lost against the owner’s will; b. appropriates excavation finds in terms of Article 724 of the Civil Code; c. unlawfully imports, carries in transit, or exports cultural property; cbis. fails to make a customs declaration or makes a false customs declaration regarding cultural property when importing, carrying in transit or exporting cultural property; d. exports cultural property registered in the Federal Register without authorisation. 2 If the offender acts through negligence, the penalty shall be a fine not exceeding 20,000 francs. 3 If the offender acts for commercial gain, the penalty shall be a custodial sentence not exceeding two years or
Para. 1 — Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021 (AS 2021 50; BBl 2020 3131). Para. 1 let. b — SR 210 Para. 1 let. c — Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021 (AS 2021 50; BBl 2020 3131). Para. 1 let. cbis — Inserted by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021 (AS 2021 50; BBl 2020 3131). Para. 1 let. d — Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021 (AS 2021 50; BBl 2020 3131). Para. 3 — A
Art. 25 Contraventions
1 Unless the offence carries a higher penalty under another legal provision, any person in the art trade or auction business shall be liable to a fine not exceeding 20,000 francs if they: a. disregard the duties of diligence (Art. 16); b. obstruct the conduct of an inspection (Art. 17). 2 Attempt and complicity are also offences. 3 ...
Para. 3 — Repealed by No I of the FA of 25 Sept. 2020, with effect from 1 Feb. 2021 (AS 2021 50; BBl 2020 3131).
Art. 26 Offences by businesses
Articles 6 and 7 of the Federal Act of 22 March 1974 on Administrative Criminal Law apply to offences committed by businesses.
SR 313.0
Art. 27 Prosecution
The cantons are responsible for the prosecution and judgment of offences under this Act.
Art. 28 Forfeiture of cultural property and assets
Cultural property and assets forfeited under Articles 69–72 of the Criminal Code shall pass to the Confederation. It shall take account of the objectives of this Act.
SR 311.0 Amended by No I of the FA of 25 Sept. 2020, in force since 1 Feb. 2021 (AS 2021 50; BBl 2020 3131).
Art. 29 Notification requirement
The customs authorities and the competent prosecution authorities are required to notify the Specialised Body of offences under this Act.