Nuclear Energy Act (NEA) (NEA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 88 Failure to observe safety and security measures
1 Any person who wilfully: a. manufactures or supplies faulty components of a nuclear installation that are important in terms of nuclear safety or security; b. damages, removes, renders unusable, uses in an improper manner or puts out of operation an installation in a nuclear installation that is important in terms of nuclear safety or security, or fails to install or render such an installation ready for operation; c. fails to observe protective measures that are important in terms of nuclear safety or security when handling nuclear materials or radioactive waste shall be liable to custodial sentence not exceeding five years or to a monetary penalty. 2 Any person who by committing the foregoing offences knowingly endangers the life or health of a number of human beings, or causes damage to property of significant value, shall be liable to a custodial sentence of not less than one year. 3 If the offender acts through negligence, the penalty shall be a custodial sentence not exceeding
Para. 1 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 89 Offences involving nuclear goods and radioactive waste
1 Any person who wilfully: a. handles nuclear goods or radioactive waste without holding the necessary licence, or fails to comply with the conditions or requirements stipulated in a licence; b. when applying for a licence, provides essential information that is incomplete or false, or uses an application that has been completed by a third party; c. fails to declare or incorrectly declares nuclear goods or radioactive waste when importing, exporting or conveying such matter in transit; d. actively or passively supplies, transfers or brokers nuclear goods or radioactive waste to another end-user or destination than the one named in the licence; e. supplies a person with nuclear goods or radioactive waste even though it is known or has to be assumed that the person concerned will directly or indirectly pass them on unlawfully to an end-user; f. participates in the financing of an illegal transaction with nuclear goods or radioactive waste, or mediates in the financing of such a transacti
Para. 1 let. c — Amended by Annex No 13 of the Customs Act of 18 March 2005, in force since 1 May 2007 (AS 2007 1411; BBl 2004 567). Para. 1 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I 21 of the FA of 17 Dec. 2021 on
Art. 90 Failure to fulfil the licence obligations for nuclear installations
1 Any person who wilfully: a. constructs or operates a nuclear installation without a licence; b. fails to fulfil the obligations arising from an operating licence for a nuclear installation (Articles 22 and 38), decommissioning obligations (Article 26) or the obligations associated with the disposal of radioactive waste and the sealing of a deep geological repository (Article 31 and Article 39, paragraphs 1 and 2); c. carries out operations that affect the protection zone of a deep geological repository without holding the necessary licence; d. carries out an activity that requires a permit without first obtaining the necessary permit. shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, he shall be liable to a monetary penalty. 3 Any person who wilfully carries out other activities that are subject to the granting of a licence in accordance with the provisions of this Act or an implementing ordinance, b
Para. 1 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 4 — Inserted by No I 21 of th
Art. 91 Breach of secrecy
1 Any person who wilfully: a. obtains details of secret facts or precautionary measures aimed at protecting nuclear installations, nuclear materials or radioactive waste against intervention by third parties or the effects of armed conflicts, in order to make them known, or make them accessible to unauthorised parties, or to use the information thus obtained themselves in an unauthorised manner; b. makes such facts or measures known or makes them accessible to unauthorised parties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, he shall be liable to a monetary penalty.
Para. 1 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 2 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 92 Surrendering ownership
1 Any person who wilfully surrenders ownership of nuclear materials or radioactive waste without the necessary authorisation to do so shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts through negligence, he shall be liable to a monetary penalty.
Art. 92 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 93 Contraventions
1 Any person who wilfully: a. refuses to provide information, submit documentation or permit access to business premises or inspection of documentation in accordance with Article 73, or gives false information in this regard; b. fails to comply with a reporting obligation, an auditing and accounting obligation or an obligation to keep records in accordance with this Act, or infringes an implementing ordinance; c. infringes in any other way a provision of this Act or of an implementing regulation if the contravention thereof is declared to be an offence, or of a ruling issued with a reference to the penalties under this Article, where no unlawful conduct is involved that constitutes another criminal offence shall be liable to a fine not exceeding 100,000 francs. 2 Attempts and aiding and abetting shall also be offences. 3 If the offender acts through negligence, he shall be liable to a fine not exceeding 40,000 francs.
Para. 1 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 94 Offences in commercial enterprises
For offences in accordance with this Act, Article 6 of the Federal Act of 22 March 1974 on Administrative Criminal Law applies.
SR 313.0
Art. 95 Offences committed abroad, involvement in offences committed abroad
1 A Swiss citizen who commits a felony or misdemeanour in accordance with Articles 89 and 91 abroad shall be punishable by law even if the act is not subject to prosecution in the country concerned. 2 If a participant in an offence committed abroad has acted within Switzerland, the provisions of the Swiss Criminal Code apply provided the main act is punishable by law in Switzerland, irrespective of the law in the country in which the main act was committed.
Art. 96 Prescription of contraventions
The prescriptive period for contraventions is five years.
Art. 96 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 97 Confiscation of objects
A court may order the confiscation of objects, without consideration as to the liability of a given person to prosecution, if no guarantee is provided that the objects will be used for lawful purposes. Objects thus confiscated, and any proceeds from the use or disposal thereof, shall become the property of the Confederation subject to the Federal Act of 19 March 2004 on the Division of Confiscated Assets.
Art. 97 — Amended by Annex No 4 of the FA of 19 March 2004 on the Division of Confiscated Assets, in force since 1 Aug. 2004 as Art. 36b of the Atomic Energy Act of 23 Dec. 1959 (AS 2004 3503; BBl 2002 441). SR 312.4
Art. 98 Confiscation of assets or substitute claims
Any confiscated assets or substitute claims shall become the property of the Confederation subject to the Federal Act of 19 March 2004 on the Division of Confiscated Assets.
Art. 98 — Amended by Annex No 4 of the FA of 19 March 2004 on the Division of Confiscated Assets, in force since 1 Aug. 2004 as Art. 36b of the Atomic Energy Act of 23 Dec. 1959 (AS 2004 3503; BBl 2002 441). SR 312.4. At present Art. 69 and 70.
Art. 99 Relationship to the Criminal Code
Seizure of goods and assets under Articles 697 and 98 above shall also be subject to the provisions of Articles 69–72 of the Swiss Criminal Code.
Art. 99 — Amended by No I 21 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). SR 311.0
Art. 100 Jurisdiction, obligation to report to the Office of the Attorney General
1 The prosecution and adjudication of felonies and misdemeanours in accordance with Articles 88 to 92 above shall be subject to the jurisdiction of the Federal Criminal Court. 2 Contraventions in accordance with Article 93 shall be prosecuted and adjudicated by the Federal Office. These proceedings shall be subject to the provisions of the Federal Act of 22 March 1974 on Administrative Criminal Law. 3 Licensing and supervisory authorities, cantonal and communal police and customs authorities are obliged to notify the Office of the Attorney General about any offences committed against this Act that may come to their attention in the course of their services and activities or in any other way.
Para. 2 — SR 313.0