Radiological Protection Act (RPA) (RPA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 43 Unjustified radiation exposure of persons
1 Any person who wilfully subjects someone to manifestly unjustified radiation exposure shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 Any person who wilfully subjects another to manifestly unjustified radiation exposure with the intention of damaging that person’s health shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty. 3 Any person who negligently subjects another to manifestly unjustified radiation exposure shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 43 — Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665). Para. 1 — Amended by No I 32 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 32 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 Art. 333 of the Criminal Code (S
Art. 43a Illegal handling of radioactive substances, unjustified radiation exposure of property
1 Any person who wilfully: a. stores, disposes of or discharges radioactive substances to the environment in contravention of the regulations; b. subjects property of considerable value to manifestly unjustified radiation exposure with the intention of impairing its utility, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acted negligently, the penalty shall be a monetary penalty not exceeding 180 daily penalty units.
Art. 43a — Inserted by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665). Para. 1 — Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). Para. 2 — Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).
Art. 44 Contraventions
1 Any person who wilfully or negligently: a. carries out acts requiring a licence without having a licence, obtains a licence illegally, or fails to comply with conditions or stipulations included in the licence; b. fails to take the measures required to comply with dose limits; c. fails to undergo prescribed dosimetry; d. fails to fulfil the duties of a licence holder or expert; e. fails to fulfil the duty to surrender radioactive waste or remove sources of risk; f. infringes an implementing regulation, infringement of which is declared to be punishable, or an order addressed to him or her with reference being made to the penalty provided for in this Article, shall be liable to a fine. 2 The Federal Council may provide for fines not exceeding 20,000 Swiss francs for infringements of regulations issued to deal with danger arising from radioactivity.
Para. 1 — Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). Para. 1 let. a — Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665). Para. 2 — Amended by Art. 333 of the Criminal Code (SR 311.0) in the amended version of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).
Art. 45 Applicability of administrative criminal law
1 The special provisions of the Federal Act of 22 March 1974 (Arts. 14–18) on Administrative Criminal Law are applicable. 2 Articles 6 and 7 of the Federal Act on Administrative Criminal Law apply to the contraventions specified in Article 43.
Para. 1 — SR 313.0
Art. 46 Proceedings and jurisdiction
1 The felonies and misdemeanours specified in Articles 43 and 43a shall be subject to federal criminal jurisdiction. 2 Infringements under Article 44 and Article 45 paragraph 1 shall be prosecuted and adjudicated by the competent licensing or supervisory authority. Proceedings shall be governed by the Federal Act of 22 March 1974 on Administrative Criminal Law.
Para. 1 — Amended by Annex No II 4 of the Nuclear Energy Act of 21 March 2003, in force since 1 Dec. 2005 (AS 2004 4719; BBl 2001 2665). Para. 2 — SR 313.0