Swiss Criminal Code (SCC)
Amended by No I of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; 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.
Part One: Felonies and Misdemeanours
Title One: Scope of Application
1. No penalty without a law
Art. 1
A penalty or measure may only be imposed for an act that has been expressly declared to be an offence by law.
2. Commencement of applicability of the Code
Art. 2
1 This Code applies to any person who commits a felony or misdemeanour following the date on which it comes into force. 2 Any person who commits a felony or misdemeanour prior to this Code coming into force is only subject to its terms in the event that the penalty hereunder is less than the penalty that would otherwise apply.
3. Territorial scope of application
Felonies or misdemeanours in Switzerland
Art. 3
1 Any person who commits a felony or misdemeanour in Switzerland is subject to this Code. 2 If the person concerned has served a sentence in full or in part for the offence in another country, the Swiss court must take the sentence served into account in determining the sentence to be imposed. 3 If the person concerned has been prosecuted in a foreign country at the request of the Swiss authorities, then unless the offence involves a gross violation of the principles of the Federal Constitution or the Convention from 4 November 1950 for the protection of Human Rights and Fundamental Freedoms (ECHR), the person shall not be prosecuted in Switzerland for the same offence if: a. they have been acquitted by the foreign court and the judgment has taken full legal effect; b. the penalty to which they have been sentenced in the foreign country has been served, remitted or become time barred. 4 If the person prosecuted abroad at the request of the Swiss authorities has not served the sentence
Para. 3 — SR 0.101
Felonies or misdemeanours against the state commit
Art. 4
1 This Code also applies to any person who commits a felony or misdemeanour in a foreign country against the Swiss state or its national security (Art. 265–278). 2 If the person concerned has been convicted of the offence and has served the sentence in full or in part in another country, the court shall take the sentence served into account in determining the sentence to be imposed.
Offences against minors abroad
Expression amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). This amendment has been made throughout the text.
Art. 5
1 This Code also applies to any person who is in Switzerland, is not being extradited and has committed any of the following offences abroad: a. trafficking in human beings (Art. 182), indecent assault (Art. 189 paras 2 and 3), rape (Art. 190 paras 2 and 3), abuse of persons incapable of proper judgment or resistance (Art. 191) or encouraging prostitution (Art. 195) if the victim was less than 18 years of age; abis. sexual acts with dependent persons (Art. 188) and sexual acts with minors against payment (Art. 196); b. sexual acts with children (Art. 187) if the victim was less than 14 years of age; c. aggravated pornography (Art. 197 para. 3 and 4) if the items or recordings depict sexual acts with minors. 2 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR, the person concerned is not liable to further prosecution in Switzerland for the offence if: a. he has been acquitted of the offence abroad in a legally binding judgment; b. t
Para. 1 let. a — Amended by No I 1 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011). Para. 1 let. abis — Inserted by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). Para. 1 let. c — Amended by Annex No 1 of the FedD of 27 Sept. 2013 (Lanzarote Convention), in force since 1 July 2014 (AS 2014 1159; BBl 2012 7571). Para. 2 — SR 0.101
Offences committed abroad prosecuted in terms of a
Art. 6
1 Any person who commits a felony or misdemeanour abroad that Switzerland is obliged to prosecute in terms of an international convention is subject to this Code provided: a. the act is also liable to prosecution at the place of commission or no criminal law jurisdiction applies at the place of commission; and b. the person concerned remains in Switzerland and is not extradited to the foreign country. 2 The court determines the sentence so that overall, the person concerned is not treated more severely than would have been the case under the law at the place of commission. 3 Unless the offence involves a gross violation of the principles of the Federal Constitution and of the ECHR, the person concerned is not liable to further prosecution in Switzerland if: a. he has been acquitted of the offence abroad in a legally binding judgment; b. the sentence that was imposed abroad has been served, remitted, or become time barred. 4 If the person concerned has been convicted of the offence abro
Para. 3 — SR 0.101
Other offences committed abroad
Art. 7
1 Any person who commits a felony or misdemeanour abroad where the requirements of Articles 4, 5 or 6 are not fulfilled is subject to this Code if: a. the offence is also liable to prosecution at the place of commission, or the place of commission is not subject to criminal law jurisdiction; b. the person concerned is in Switzerland or is extradited to Switzerland due to the offence; and c. under Swiss law extradition is permitted for the offence, but the person concerned is not being extradited. 2 If the person concerned is not Swiss and if the felony or misdemeanour was not committed against a Swiss person, paragraph 1 is applicable only if: a. the request for extradition was refused for a reason unrelated to the nature of the offence; or b. the offender has committed a particularly serious felony that is proscribed by the international community. 3 The court shall determine the sentence so that overall, the person concerned is not treated more severely than would have been the case
Para. 4 — SR 0.101
Place of commission
Art. 8
1 A felony or misdemeanour is considered to be committed at the place where the person concerned commits it or unlawfully omits to act, and at the place where the offence has taken effect 2 An attempted offence is considered to be committed at the place where the person concerned attempted it and at the place where they intended the offence to take effect.
4. Personal scope of application
Art. 9
1 This Code does not apply to persons whose offences are subject to military criminal law. 2 For persons who have not attained the age of 18 at the time of the offence, the provisions of the Juvenile Criminal Law Act of 20 June 2003 (JCLA) are reserved. Where an offence committed before and after attaining the age of 18 must be judged, Article 3 paragraph 2 JCLA applies.
Para. 2 — SR 311.1 Para. 2 — Amended by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003, in force since 1 Jan. 2007 (AS 2006 3545; BBl 1999 1979).
Title Two: Criminal Liability
1. Felonies and misdemeanours
Definition
Art. 10
1 In this Code, felonies are distinguished from misdemeanours according to the severity of the penalties that the offence carries. 2 Felonies are offences that carry a custodial sentence of more than three years. 3 Misdemeanours are offences that carry a custodial sentence not exceeding three years or a monetary penalty.
Commission by omission
Art. 11
1 A felony or misdemeanour may also be committed by a failure to comply with a duty to act. 2 A person fails to comply with a duty to act if they do not prevent a legal interest protected under criminal law from being exposed to danger or from being harmed even though, due to their legal position, they have a duty to do so, in particular on the basis of: a. the law; b. a contract; c. a risk-bearing community entered into voluntarily; or d. the creation of a risk. 3 Any person who fails to comply with a duty to act shall be liable to prosecution only if, on the basis of the elements of the offence concerned, their conduct is, in the circumstances, as culpable as it would have been had they actively committed the offence. 4 The court may reduce the sentence.
2. Intention and negligence
Definitions
Art. 12
1 Unless the law expressly provides otherwise, a person is only liable to prosecution for a felony or misdemeanour if they commit it intentionally. 2 A person commits a felony or misdemeanour intentionally if that person carries out the act in the knowledge of what they are doing and in accordance with their will. A person acts intentionally as soon as they regard the realisation of the act as being possible and accept this. 3 A person commits a felony or misdemeanour through negligence if that person fails to consider or disregards the consequences of their conduct due to a culpable lack of care. A lack of care is culpable if the person fails to exercise the care that is incumbent on them in the circumstances and commensurate with their personal capabilities.
Error of fact
Art. 13
1 If the person concerned acts under an erroneous belief as to the circumstances, the court shall judge the act according to the circumstances as the offender believed them to be. 2 If the person concerned could have avoided the error had they exercised due care, they shall be liable to prosecution for their negligent act provided the negligent commission of the act is an offence.
3. Lawful acts and guilt
Act permitted by law
Art. 14
Any person who acts as required or permitted by the law, acts lawfully even if the act carries a penalty under this Code or another Act.
Legitimate self-defence
Art. 15
If any person is unlawfully attacked or threatened with imminent attack, the person attacked and any other person are entitled to ward off the attack by means that are reasonable in the circumstances.
Mitigatory self-defence
Art. 16
1 If a person in defending themselves exceeds the limits of self-defence as defined in Article 15 and in doing so commits an offence, the court shall reduce the sentence. 2 If a person in defending themselves exceeds the limits of self-defence as a result of excusable excitement or panic in reaction to the attack, they do not commit an offence.
Legitimate act in a situation of necessity
Art. 17
Any person who carries out an act that carries a criminal penalty in order to save a legal interest of their own or of another from immediate and not otherwise avertable danger, acts lawfully if by doing so they safeguard interests of higher value.
Mitigatory act in a situation of necessity
Art. 18
1 Any person who carries out an act that carries a criminal penalty in order to save themselves or another from immediate and not otherwise avertable danger to life or limb, freedom, honour, property or other interests of high value shall receive a reduced penalty if they could reasonably have been expected to abandon the endangered interest. 2 If the person concerned could not have been reasonably expected to abandon the endangered interest, they do not commit an offence.
Absence of legal responsibility due to a mental di
Art. 19
1 If the person concerned was unable at the time of the act to appreciate that their act was wrong or to act in accordance with this appreciation of the act, they are not liable to a penalty. 2 If the person concerned was only partially able at the time of the act to appreciate that their act was wrong or to act in accordance with this appreciation of the act, the court shall reduce the sentence. 3 Measures in accordance with Articles 59–61, 63, 64, 67, 67b and 67e may, however, be taken. 4 If it was possible for the person concerned to avoid their own state of mental incapacity or diminished responsibility and if they had done so to foresee the act that may be committed in that state, paragraphs 1–3 do not apply.
Para. 3 — Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
Doubt as to legal responsibility
Art. 20
If there are serious grounds for believing that the accused may not be legally responsible due to a mental disorder, the investigating authority or the court shall order a specialist report from an expert.
Error as to unlawfulness
Art. 21
Any person who is not and cannot be aware that, by carrying out an act, they are acting unlawfully, does not commit an offence. If the error was avoidable, the court shall reduce the sentence.
4. Attempts
Criminal liability for attempts
Art. 22
1 If, having embarked on committing a felony or misdemeanour, the offender does not complete the criminal act or if the result required to complete the act is not or cannot be achieved, the court may reduce the penalty. 2 If the offender fails to recognise through a serious lack of judgement that the act cannot under any circumstances be completed due to the nature of the objective or the means used to achieve it, no penalty is imposed.
Withdrawal and active repentance
Art. 23
1 If the person concerned of their own accord does not complete the criminal act or if they assist in preventing the completion of the act, the court may reduce the sentence or waive any penalty. 2 If two or more persons carry out or participate in a criminal act, the court may reduce the sentence or waive any penalty in respect of any person concerned who, of their own accord, assists in preventing the completion of the act. 3 The court may also reduce the sentence or waive any penalty in respect of a person who withdraws from carrying out or participating in a criminal act if the withdrawal of the person concerned would have prevented the completion of the act had it not remained uncompleted for other reasons. 4 If one or more of the persons carrying out or participating in a criminal act makes a serious effort to prevent the completion of the act, the court may reduce the sentence or waive any penalty if an offence is committed irrespective of the efforts of that person or persons.
5. Participation
Incitement
Art. 24
1 Any person who has intentionally incited another to commit a felony or a misdemeanour, provided the offence is committed, incurs the same penalty as applies to the person who has committed the offence. 2 Any person who attempts to incite someone to commit a felony incurs the penalty applicable to an attempt to commit that felony.
Complicity
Art. 25
Any person who intentionally assists another to commit a felony or a misdemeanour shall be liable to a reduced penalty.
Participation in a special offence
Art. 26
If criminal liability is established or increased by a special obligation on the part of the offender, a participant shall be liable to a reduced penalty.
Personal circumstances
Art. 27
Special personal conditions, characteristics and circumstances that increase, reduce or exclude criminal liability are taken into account in the case offenders or participants to which they apply.
6. Criminal liability of the media
Art. 28
1 If an offence is committed and completed through publication in a medium, then, subject to the following provisions, only the author shall be liable to prosecution. 2 If the author cannot be identified or cannot be brought to court in Switzerland, then the editor responsible in accordance with Article 322bis shall be liable to prosecution. If there is no responsible editor, then the person responsible for publication in accordance with Article 322bis shall be liable for prosecution. 3 If the publication has taken place without the knowledge or against the will of the author, then the editor or, in the editor’s absence, the person responsible for publication shall be liable to prosecution as the offender. 4 The accurate reporting of public talks and official communications from a public authority may not be made subject to prosecution.
Protection of sources
Art. 28a
1 If persons who are professionally involved in the publication of information in the editorial section of a periodical medium or their auxiliary personnel refuse to give evidence as to the identity of the author or as to the content and sources of their information, they are not liable to any penalty nor to any procedural law enforcement measures. 2 Paragraph 1 does not apply if the court holds that: a. the evidence is required in order to save a person from immediate danger to life or limb; or b. without the evidence, a case of homicide under Articles 111–113 or a different felony that carries a minimum custodial sentence of three years, or an offence under Articles 187, 189–191, 197 paragraph 4, 260ter, 260quinquies, 260sexies,305bis, 305ter or 322ter–322septies of this Code or under Article 19 paragraph 2 of the Narcotics Act of 3 October 1951 will not be solved or the persons suspected of committing the said offence may not be apprehended.
Para. 2 — Term in accordance with No I 1 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). This change has been made in the provisions specified in the AS. Para. 2 let. b — Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating
7. Agency relationships
Art. 29
A special obligation, the violation of which establishes or increases criminal liability, and which is incumbent only on the legal entity, the company or the sole proprietorship, is attributed to a natural person, if that person acts: a. as a governing officer or as a member of a governing officer of a legal entity; b. as a partner; c. as an employee with independent decision-making authority in their field of activity within a legal entity, a company or a sole proprietorship; or d. without being a governing officer, member of a governing officer, partner or employee, as the de facto manager.
Footnote relevant to German text only. let. c — Footnote relevant to German text only.
8. Criminal complaint
Right to file a complaint
Art. 30
1 If an act shall be liable to prosecution only if a complaint is filed, any person who suffers harm due to the act may request that the person responsible be prosecuted. 2 If the person suffering harm does not have the legal capacity to act, that person’s legal representative is entitled to file a complaint. If the person is under guardianship or subject to a general deputyship, the adult protection authority is also entitled to file a complaint. 3 If the person suffering harm is a minor or if they are subject to a general deputyship, the person is entitled to file a complaint if they are capable of judgement. 4 If the person suffering harm dies without filing the criminal complaint or without expressly waiving their right to file the criminal complaint, the person’s next of kin are entitled to file the complaint. 5 If an entitled person expressly waives their right to file a complaint, their waiver is final.
Para. 2 — Second sentence amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 3 — Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Time limit for filing a complaint
Art. 31
The right to file a complaint expires after three months. The period begins on the day that the person entitled to file a complaint discovers the identity of suspect.
Indivisibility
Art. 32
If an entitled person files a complaint against one person who participated in the act, all the participants become liable to prosecution.
Withdrawal of a complaint
Art. 33
1 The person entitled to file a complaint may withdraw the complaint at any time before notice is given of the judgment of the second cantonal instance. 2 Any person who has withdrawn their complaint may not file it again. 3 If the entitled person withdraws their complaint against one suspect, the withdrawal applies to all suspects. 4 If a suspect objects to the withdrawal of a complaint against them, the withdrawal does not apply to them.
Title Three: Sentences and Measures
Chapter One: Sentences
Section One: Monetary Penalties and Custodial Sent
Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
1. Monetary penalty
Assessment
Art. 34
1 Unless the law provides otherwise, a monetary penalty amounts to a minimum of three and a maximum of 180 daily penalty units. The court decides on the number according to the culpability of the offender. 2 A daily penalty unit normally amounts to a minimum of 30 francs and a maximum of 3000 francs. The court may reduce the value of the daily penalty unit to 10 francs if the offender’s personal or financial circumstances so require. It may decide on a value in excess of the maximum value of the daily penalty unit if the law so permits. It decides on the value of the daily penalty unit according to the personal and financial circumstances of the offender at the time of conviction, and in particular according to their income and capital, living expenses, any maintenance or support obligations and the minimum subsistence level. 3 The authorities of the Confederation, the cantons and the communes shall provide the information required to determine the daily penalty unit. 4 The number and
Para. 1 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 2 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 2 — Second and third sentences amended by Annex No 5 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). Para. 2 — Forth
Execution
Art. 35
1 The executive authority shall specify that the offender make payment within a period of between one and six months. It may stipulate payment by instalments and on request may extend the period allowed. 2 If there is justified suspicion that the offender will fail to pay the monetary penalty, the executive authority may request immediate payment or the provision of security. 3 If the offender fails to pay the monetary penalty within the specified period, the executive authority shall instruct the debt collection proceedings provided their success is expected.
Para. 1 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Alternative custodial sentence
Art. 36
1 In the event that the offender fails to pay the monetary penalty and it is not recoverable through debt collection procedures (Art. 35 para. 3), the offender shall serve a custodial sentence as the alternative to the monetary penalty. A daily penalty unit corresponds to one day in custody. The retrospective payment of the monetary penalty leads to a corresponding reduction in the alternative custodial sentence. 2 If the monetary penalty has been imposed by an administrative authority, the court decides on the alternative custodial sentence. 3–5 …
Para. 35 — Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
2. …
Art. 37–39
Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
3. Custodial sentence
Term
Art. 40
1 The minimum term of a custodial sentence is three days; a shorter custodial sentence in lieu of an unpaid monetary penalty (Art. 36) or fine (Art. 106) is reserved. 2 The maximum term of a custodial sentence is 20 years. Where the law expressly provides, the custodial sentence is for life
Art. 40 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Custodial sentence instead of a monetary penalty
Art. 41
1 The court may impose a custodial sentence instead of a monetary penalty if: a. a custodial sentence appears appropriate in order to prevent the offender from committing further felonies or misdemeanours; or b. it is anticipated that it will not be possible to enforce a monetary penalty. 2 The court must explain why it has decided to impose a custodial sentence. 3 The right is reserved to impose a custodial sentence instead of an unpaid monetary penalty (Art. 36).
Art. 41 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Section Two: Suspended and Partially Suspended Sen
1. Suspended sentences
Art. 42
1 The court shall normally suspend the execution of a monetary penalty or a custodial sentence of no more than two years unless an unsuspended sentence appears to be necessary in order to prevent the offender from committing further felonies or misdemeanours. 2 If the offender received a suspended or unsuspended custodial sentence of more than six months within the five years prior to the offence, the sentence may only be suspended where the circumstances are especially favourable. 3 The suspension of the execution of a sentence may also be refused if the offender has failed to make a reasonable effort to compensate for any loss or damage they may have caused. 4 A suspended sentence may be combined with a fine in accordance with Article 106.
Para. 1 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 2 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 4 — Amended by No I of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
2. Partially suspended custodial sentences
Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Art. 43
1 The court may partially suspend the execution of a custodial sentence of at least one year and no more than three years if this is necessary in order to take sufficient account of the culpability of the offender. 2 The part of the sentence that must be executed immediately may not exceed one half of the sentence. 3 Both the suspended and the unsuspended part must amount to at least six months. The provisions on the granting of parole (Art. 86) do not apply to the unsuspended part of the sentence.
Para. 1 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 3 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
3. General provisions
Probationary period
Art. 44
1 If the court suspends the execution of a sentence in full or in part, it shall make the offender subject to a probationary period of from two to five years. 2 The court may order probation assistance and impose conduct orders for the duration of the probationary period. 3 The court shall explain the importance and the consequences of the suspended and partially suspended sentence to the offender. 4 The probationary period begins on notification of the judgment that is enforceable.
Para. 4 — Inserted by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, in force since 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
Successful completion of probation
Art. 45
If the offender is of good conduct until the expiry of the probationary period, the postponed sentence is not executed.
Breach of probation
Art. 46
1 If the offender commits a felony or misdemeanour during the probationary period and if it therefore must be expected that they will commit further offences, the court shall revoke the suspended sentence or the suspended part of the sentence. If the revoked sentence and the new sentence are of the same type, they shall form a cumulative sentence in analogous application of Article 49. 2 If it is not expected that the offender will commit further offences, the court shall not revoke the suspended sentence. It may admonish the offender or extend the probationary period by up to one half of the duration specified in the judgment. The court may order probation assistance and impose conduct orders for the duration of the extended probationary period. If the extension begins after the expiry of the probationary period, the extended period begins on the day that it is ordered. 3 The court that judges the new felony or misdemeanour also decides on revocation. 4 If the offender fails to attend
Para. 1 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Section Three: Determination of the Sentence
1. Principle
Art. 47
1 The court determines the sentence according to the culpability of the offender. It takes account of the previous conduct and the personal circumstances of the offender as well as the effect that the sentence will have on the offender’s life. 2 Culpability is assessed according to the seriousness of the damage or danger to the legal interest concerned, the reprehensibility of the conduct, the offender's motives and aims, and the extent to which the offender, in view of the personal and external circumstances, could have avoided causing the danger or damage.
2. Mitigation of the sentence
Grounds
Art. 48
The court shall reduce the sentence if: a. the offender acted: 1. for honourable motives, 2. while in serious distress, 3. while of the view that they were under serious threat, 4. at the behest of a person whom they were duty bound to obey or on whom they were dependent; b. the offender was seriously provoked by the conduct of the person suffering injury; c. the offender acted in a state of extreme emotion that was excusable in the circumstances or while under serious psychological stress; d. the offender has shown genuine remorse, and in particular has made reparation for the injury, damage or loss caused, insofar as this may reasonably be expected of them; e. the need for punishment has been substantially reduced due to the time that has elapsed since the offence, and the offender has been of good conduct in this period.
Effect
Art. 48a
1 If the court chooses to reduce the sentence, it is not bound by the minimum penalty that the offence carries. 2 The court may impose a different form of penalty from that which the offence carries, but remains bound by the statutory maximum and minimum levels for that form of penalty.
3. Concurrent sentencing
Art. 49
1 If the offender, by committing one or more offences, has fulfilled the requirements for two or more penalties of the same form, the court shall impose the sentence for the most serious offence at an appropriately increased level. It may not, however, increase the maximum level of the sentence by more than half, and it is bound by the statutory maximum for that form of penalty. 2 If the court must pass sentence on an offence that the offender committed before they were sentenced for a different offence, it shall determine the supplementary penalty so that the offender is not more severely punished than they would have been had the sentences been imposed at the same time. 3 If the offender committed one or more offences before reaching the age of 18, the court shall determine the cumulative sentence in accordance with paragraphs 1 and 2 such that it is not more severe than it would have been had sentences been imposed separately.
4. Obligation to justify
Art. 50
Where a judgment must be justified, the court shall also specify the circumstances taken into account in determining the sentence and their weighting.
5. Taking account of time spend on remand
Art. 51
When determining the sentence, the court shall take account of any time spent on remand that the offender has served in respect of the proceedings in question or any other proceedings. One day in detention corresponds to one daily penalty unit of a monetary penalty.
Second sentence amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Section Four: Exemption from Punishment and the Su
Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
1. Grounds for exemption from punishment
No need for a penalty
Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).
Art. 52
The competent authority shall refrain from prosecuting the offender, bringing them to court or punishing them if the level of culpability and consequences of the offence are negligible.
Reparation
Art. 53
If the offender has made reparation for the loss, damage or injury or made every reasonable effort to right the wrong that they have caused, the competent authority shall refrain from prosecuting them, bringing them to court or punishing them if: a. a suspended custodial sentence not exceeding one year, a suspended monetary penalty or a fine are suitable as a penalty; b. the interest in prosecution of the general public and of the persons harmed are negligible; and c. the offender has admitted the offence.
Art. 53 — Amended by No I 1 of the FA of 14 Dec. 2018 on the Amendment of Reparation Arrangements, in force since 1 July 2019 (AS 2019 1809; BBl 2018 3757 4925).
Effect on the offender of their act
Art. 54
If the offender is so seriously affected by the immediate consequences of their act that a penalty would be inappropriate, the responsible authorities shall refrain from prosecuting them, bringing them to court or punishing them.
2. General provisions
Art. 55
1 The court shall refrain from revoking a suspended sentence and in the case of the parole from a recall if the requirements for an exemption from punishment are met. 2 The cantons designate the bodies responsible for the administration of criminal justice as the competent authorities under Articles 52, 53 and 54.
3. Suspension and abandonment of proceedings.
Spouse, registered partner or life partner as vict
Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
Art. 55a
1 In a case of common assault (Art. 123 no 2 para. 3–5), repeated acts of aggression (Art. 126 para. 2 let. b, bbis and c), threatening behaviour (Art. 180 para. 2) and coercion (Art. 181), the public prosecutor or the court may suspend the proceedings if: a. the victim: 1. is the spouse of the offender and the offence was committed during the marriage or within a year of divorce, or 2. is the registered partner of the offender and the offence was committed during the registered partnership or within a year of its dissolution, or 3. is the hetero- or homosexual partner of the offender or the ex-partner of the offender if they have been separated for less than a year; and b. the victim or, if they lack legal capacity, their legal representative requests this to be done; and c. suspension appears appropriate in order to stabilise or improve the victim’s situation. 2 The public prosecutor or the court may during the period of suspension require the accused to attend a course on violence p
Art. 55a — Inserted by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937). Para. 1 — Amended by No I 3 of the FA of 14 Dec. 2018 on Improved Protection for Victims of Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307). Para. 1 let. a — Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
Chapter Two: Measures
Section One: Therapeutic Measures and Indefinite I
1. Principles
Art. 56
1 A measure is ordered if: a. a penalty alone is not sufficient to counter the risk of further offending by the offender; b. the offender requires treatment, or treatment is required in the interest of public safety; and c. the requirements of Articles 59–61, 63 or 64 are fulfilled. 2 The ordering of a measure requires that the related intervention in the personal rights of the offender is not unreasonable in view of the probability and seriousness of additional offences. 3 In ordering a measure under Articles 59–61, 63 and 64 and in modifying the sanction in accordance with Article 65, the court shall base its decision on an expert assessment. This shall provide an opinion on: a. the necessity and the prospects of success of any treatment of the offender; b. the nature and the probability of possible additional offences; and c. the ways in which the measure may be implemented. 4 If the offender has committed an offence in terms of Article 64 paragraph 1, the assessment must be conduct
Para. 4bis — Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
Concurrent measures
Art. 56a
1 If two or more measures are equally suitable but only one is necessary, the court shall order the measure that is more convenient for the offender. 2 If two or more measures are necessary, the court may order these concurrently.
Relationship between measures and penalties
Art. 57
1 If the requirements for both a penalty and a measure are fulfilled, the court shall order both sanctions. 2 The implementation of a measure under Articles 59–61 takes precedence over a custodial sentence that is imposed at the same time, or which is executed through revocation of a suspended sentence or recall to custody. Likewise, the reactivation of the execution of a measure in accordance with Article 62a takes precedence over a cumulative sentence imposed at the same time. 3 The deprivation of liberty associated with the measure must be taken into account in determining the penalty.
Implementation
Art. 58
1 … 2 The therapeutic institutions in terms of Articles 59–61 must be managed separately from penal institutions.
Para. 1 — Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
2. In-patient therapeutic measures
Treatment of mental disorders
Art. 59
1 If the offender is suffering from a serious mental disorder, the court may order in-patient treatment if: a. the offender's mental disorder was a factor in a felony or misdemeanour that they committed; and b. it is expected that the measure will reduce the risk of further offences being committed in which the offender’s mental disorder is a factor. 2 The in-patient treatment is carried out in an appropriate psychiatric institution or therapeutic institution. 3 If there is a risk of the offender absconding or committing further offences, the offender shall be treated in a secure institution. They may also be treated in a penal institution in accordance with Article 76 paragraph 2, provided it is guaranteed that the required therapeutic treatment can be provided by specialist staff. 4 The deprivation of liberty associated with in-patient treatment normally amounts to a maximum of five years. If the requirements for parole have not yet been fulfilled after five years and if it is expect
Para. 3 — Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
Treatment of addiction
Art. 60
1 If the offender is dependent on addictive substances or in any other way dependent, the court may order in-patient treatment if: a. the offender's dependence was a factor in the felony or misdemeanour that they committed; and b. it is expected that treatment will reduce the risk of further offences being committed in which the offender’s dependence is a factor. 2 The court shall take account of the offender's request for and readiness to undergo treatment. 3 The treatment is carried out in a specialised institution or, if necessary, in a psychiatric hospital. It must be adjusted to the offender’s special needs and state of health. 4 The deprivation of liberty associated with in-patient treatment shall normally amount to a maximum of three years. If the requirements for parole have not yet been fulfilled after three years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which the offender’s dependence is a factor, the
Measures for young adults
Art. 61
1 If the offender was under 25 years of age at the time of the offence and if they are suffering from a serious developmental disorder, the court may commit them to an institution for young adults if: a. the offender's developmental disorder was a factor in the felony or misdemeanour that they committed; and b. it is expected that the measure will reduce the risk of further offences being committed in which the offender’s developmental disorder is a factor. 2 Institutions for young adults must be managed separately from other institutions and facilities under this Code. 3 The offender should be taught the skills needed to live independently and without further offending. In particular, they should be encouraged to undergo basic and advanced vocational and professional training. 4 The deprivation of liberty associated with the measure amounts to a maximum of four years. In the event of the recall to custody following release on parole, it may not exceed a maximum of six years. The measu
Parole
Art. 62
1 The offender is released on parole from undergoing an in-patient measure as soon as their condition justifies their being given the liberty to prove themselves. 2 In the case of release on parole from a measure under Article 59, the probationary period amounts to one to five years, and in the case of release on parole from a measure under Articles 60 and 61, from one to three years. 3 The person released on parole may be required to undergo out-patient treatment during the probationary period. The executive authority may order probation assistance and issue conduct orders for the duration the probationary period. 4 If on expiry of the probationary period, a continuation of the out-patient treatment, the probation assistance or the conduct orders is considered necessary in order to reduce the risk of further felonies and misdemeanours being committed that are associated with the condition of the person released on parole, the court may at the request of the executive authority extend
Breach of probation
Art. 62a
1 If a person released on parole commits an offence during the probationary period and thus demonstrates that the risk that the measure was intended to reduce is still present, the court assessing the new offence may, after consulting the executive authority: a. order that person’s recall to custody; b. revoke the measure and, provided the relevant requirements are fulfilled, order a new measure; or c. revoke the measure and, provided the relevant requirements are fulfilled, order the execution of a custodial sentence. 2 If as a result of the new offence the requirements for an unsuspended custodial sentence are fulfilled and if this sentence runs concurrently with a custodial sentence that has been suspended to give precedence to the measure, the court shall impose a cumulative sentence in application of Article 49. 3 If as a result of the conduct of the person released on parole during the probationary period there is a serious expectation that the person could commit an offence in t
Final release
Art. 62b
1 If the person released on parole successfully completes the probationary period, they shall be granted final release. 2 The offender is granted final release if the maximum duration of a measure under Articles 60 and 61 is reached and the requirements for the parole apply. 3 If deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is not executed.
Termination of a measure
Art. 62c
1 A measure is terminated, if: a. its implementation or continuation appears to have no prospect of success; b. the maximum duration under Articles 60 and 61 has been reached and the requirements for the parole do not apply; or c. a suitable institution does not exist or no longer exists. 2 If the deprivation of liberty associated with the measure is for a shorter period than the suspended custodial sentence, the remainder of the sentence is executed. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended. 3 Instead of ordering the execution of the sentence, the court may order another measure if it is to be expected that such a measure will reduce the risk of the offender committing further felonies and misdemeanours in which their condition is a factor. 4 If there is a serious expectation that if a measure ordered in respect of an offence in terms of Article 64 paragraph 1 is terminat
Para. 5 — Amended by Annex No 14 of the FA of 19 Dec. 2008 (Adult Protection, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
Consideration of release and the termination of me
Art. 62d
1 The competent authority shall on request or ex officio consider whether and when the offender should be released on parole from the implementation of the measure or whether the measure should be terminated. It shall decide on such matters at least once each year. It shall first grant a hearing to the offender and obtain a report from the governing body of the relevant institution. 2 If the offender committed an offence in terms of Article 64 paragraph 1, the competent authority shall reach its decision on the basis of the expert opinion of an independent specialist and after hearing a committee comprising representatives of the prosecution services, the execution authorities and one or more psychiatrists. The specialists and psychiatrists concerned must not be those responsible for the treatment or care of the offender.
3. Out-patient treatment
Requirements and implementation
Art. 63
1 If the offender is suffering from a serious mental disorder or if they are dependent on addictive substances or in any other way, the court may order that they receive out-patient rather than in-patient treatment if: a. the offender commits an offence in which their condition is a factor; and b. it is expected that the measure will reduce the risk of further offences being committed in which the offender’s condition is a factor. 2 The court may defer the execution of an unsuspended custodial sentence imposed at the same time, a suspended custodial sentence due for execution following revocation of suspension and the remainder of a sentence due for execution following a recall to custody to give precedence to out-patient treatment in order to take account of the form of the treatment. It may order probation assistance and issue conduct orders for the duration the treatment. 3 The competent authority may order the offender to be treated temporarily as an in-patient if this is required
Termination of the measure
Art. 63a
1 The competent authority shall assess at least once each year whether the out-patient treatment should be continued or terminated. It shall first grant a hearing to the offender and obtain a report from the therapists. 2 The out-patient treatment is terminated by the competent authority if: a. it has been successfully completed; b. its continuation appears to have no prospect of success; or c. the statutory maximum duration for the treatment of an alcohol, drug or therapeutic product dependent person has been reached. 3 If the offender commits a further offence during the out-patient treatment and thus demonstrates that this form of treatment will probably be unsuccessful in averting the risk offences being committed in which the condition of the offender is a factor, the unsuccessful treatment shall be terminated by order of the court assessing the new offence. 4 If the offender fails to comply with the conditions of probation assistance or if they disregard the conduct orders, Artic
Execution of the suspended custodial sentence
Art. 63b
1 If the out-patient treatment has been successfully completed, the suspended custodial sentence is not executed. 2 If out-patient treatment is terminated due to there being no prospect of success (Art. 63a para. 2 let. b), the statutory maximum duration being reached (Art. 63a para. 2 let. c) or its being unsuccessful (Art. 63a para. 3), the suspended custodial sentence is executed. 3 If out-patient treatment conducted while the offender is at liberty is considered a risk to third parties, the suspended custodial sentence is executed and the out-patient treatment continued while the custodial sentence is being served. 4 The court decides on the extent to which the deprivation of liberty associated with the out-patient treatment is taken into account in determining the custodial sentence. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended. 5 Instead of the execution of the sentence
4. Indefinite incarceration
Requirements and execution
Art. 64
1 The court shall order indefinite incarceration if the offender has committed murder, intentional homicide, serious assault, rape, robbery, hostage taking, arson, endangering life or another offence that carries a maximum sentence of five or more years by which the offender has caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person, and if: a. due to the offender’s personality traits and general personal circumstances and the circumstances of the offence, it is seriously expected that they will commit further offences of the same type; or b. due to a permanent or long-term mental disorder of considerable gravity that was a factor in the offence, it is seriously expected that the offender will commit further offences of the same type and the ordering of a measure in accordance with Article 59 does not promise any success. 1bis The court shall order lifelong incarceration if the offender has committed murder, intentional homici
Para. 1 — Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). Para. 1bis — Amended by Annex 2 No 1 of the FedD of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687; BBl 2014 453). Para. 1bis let. c — Inserted by No I of the FA of 21 Dec. 2007 (
Revocation and release
Art. 64a
1 The offender shall be released on parole from indefinite incarceration in accordance with Article 64 paragraph 1 as soon as it is expected that they will be of good behaviour when at liberty. The probationary period amounts to two to five years. For the duration of the probationary period, probation assistance may be ordered and conduct orders may be imposed. 2 If on expiry of the probationary period a continuation of the probation assistance or the conduct orders is considered to be necessary in order to reduce the risk of further offences in terms of Article 64 paragraph 1, the court may at the request of the executive authority extend the probationary period by a further two to five years. 3 If due to the offender’s conduct during the probationary period, it is seriously expected that the offender may commit further offences in terms of Article 64 paragraph 1, the court at the request of the executive authority shall order their recall to custody. 4 If the offender when released o
Para. 1 — Amended by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
Consideration of release
Art. 64b
1 The competent authority shall consider on request or ex officio: a. at least once annually, and for the first time after two years have lapsed, whether and when the offender may be released on parole from indefinite incarceration (Art. 64a para. 1); b. at least every two years, and for the first time before indefinite incarceration takes effect, whether the requirements for an in-patient therapeutic treatment have been fulfilled and whether a related application should therefore be made to the competent court (Art. 65 para. 1). 2 The competent authority makes its decisions in terms of paragraph 1 based on: a. a report from the institution board; b. an independent specialist assessment in terms of Article 56 paragraph 4; c. its hearing of a committee in accordance with Article 62d paragraph 2; d. its hearing of the offender.
Art. 64b — Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
Consideration of release from lifelong incarcerati
Art. 64c
1 In cases of lifelong incarceration under Article 64 paragraph 1bis the competent authority shall consider ex officio or on application whether there are any new scientific findings that lead to the expectation that the offender can be treated so that they will no longer pose a risk to the public. It decides on the basis of a report from the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration. 2 If the competent authority concludes that the offender can be treated, it shall offer them the option of treatment. Treatment is carried out in a secure institution. Until the order imposing lifelong incarceration has been revoked in accordance with paragraph 3, the provisions on the execution of lifelong incarceration continue to apply. 3 If the treatment demonstrates that the risk posed by the offender has been considerably reduced and may be reduced to the extent that they no longer pose a risk to the public, the court shall revoke the or
Art. 64c — Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
5. Modification of the sanction
Art. 65
1 If an offender fulfils the requirements for an in-patient therapeutic measure in terms of Articles 59–61 before or during the execution of a custodial sentence or of indefinite incarceration in accordance with Article 64 paragraph 1, the court may order this measure retrospectively. The competent court is the court that imposed the sentence or ordered indefinite incarceration. The execution of any remainder of the sentence is deferred. 2 If during the execution of the custodial sentence, new information or evidence comes to light to the effect that the requirements for indefinite incarceration are fulfilled and already applied at the time of conviction although the court could not have had knowledge of this, the court may order indefinite incarceration retrospectively. Jurisdiction and procedure are determined by the rules that apply to a review (Arts 410−415 Criminal Procedure Code).
Para. 1 — Amended by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). Para. 2 — SR 312.0 Para. 2 — Second sentence amended by Annex 1 No 4 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). Para. 2 — Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl
Section Two: Other Measures
1. Good behaviour bond
Art. 66
1 If there is the risk that a person will commit a felony or misdemeanour that they have threatened to commit, or if a person convicted of a felony or of a misdemeanour indicates the clear intention to repeat the offence, the court may, at the request of the person threatened, obtain a promise from the offender that they will not commit the offence and require them to deposit appropriate security therefor. 2 If the offender refuses to make the promise or maliciously fails to deposit the security within the specified period, the court may require them to make the promise or deposit the security by imposing a period of detention for security reasons. The period of detention for security reasons may not be for more than two months. It is executed in the same way as a short custodial sentence (Art. 79). 3 If the offender commits the felony or the misdemeanour within two years of depositing the security, the security is forfeited to the State. If no offence is committed, the security is ret
Para. 2 — This Art. has been repealed (AS 2016 1249; BBl 2012 4721).
1a. Expulsion.
a. Mandatory expulsion
Art. 66a
1 The court shall expel foreign nationals from Switzerland for a period of 5–15 years if they are convicted of any of the following offences, irrespective of the sentence imposed: a. intentional homicide (Art. 111), murder (Art. 112), manslaughter (Art. 113), inciting and assisting suicide (Art. 115), illegal abortion (Art. 118 para. 1 and 2); b. serious assault (Art. 122), female genital mutilation (Art. 124 para. 1), abandonment (Art. 127), endangering life (Art. 129), attack (Art. 134), representations of violence (Art. 135 para. 1 second sentence); c. aggravated misappropriation (Art. 138 no 2), aggravated theft (Art. 139 no 3), robbery (Art. 140), fraud for commercial gain (Art. 146 para. 2), computer fraud for commercial gain (Art. 147 para. 2), misuse of a cheque card or credit card for commercial gain (Art. 148 para. 2), aggravated extortion (Art. 156 para. 2–4), profiteering for commercial gain (Art. 157 no 2), handling stolen goods for commercial gain (Art. 160 no 2); d. thef
Art. 66a — Inserted by No I 1 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). Para. 1 let. b — Amended by No I 1 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. 1 let. c — Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of S
b. Non-mandatory expulsion
Art. 66abis
The court may expel a foreign national from Switzerland for 3–15 years if that person is convicted and sentenced or made subject to a measure under Articles 59–61 or 64 for a felony or misdemeanour that is not listed in Article 66a.
Art. 66abis — Inserted by No I 1 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).
c. Common provisions. Repeat offence
Art. 66b
1 Any person who has been made subject to an expulsion order who commits a further offence that meets the requirements for expulsion under Article 66a shall be expelled again for 20 years. 2 Lifelong expulsion may be ordered if the offender commits the new offence while the previous expulsion order is still in effect.
Art. 66b — Inserted by No I 1 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).
d. Time of enforcement
Art. 66c
1 The expulsion order applies from the date on which the judgment becomes legally enforceable. 2 Before enforcing the expulsion order, any unsuspended sentences or parts thereof and any custodial measures must be executed. 3 The expulsion order is enforced as soon as the offender is conditionally or finally released from the execution of criminal penalties or measures or the custodial measure is revoked, provided that the remainder of sentence need not be executed and no other such measure has been ordered. 4 If a person subject to an expulsion order is transferred to their home country for the execution of criminal penalties or measures, the expulsion order applies on such transfer. 5 The duration of expulsion is calculated from the day on which the offender leaves Switzerland.
Art. 66c — Inserted by No I 1 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).
e. Deferring enforcement of mandatory expulsion
Art. 66d
1 The enforcement of a mandatory expulsion order under Article 66a may only be deferred if: a. the person concerned is recognised by Switzerland as a refugee and, if expelled, their life or freedom would be endangered due to their race, religion, nationality, affiliation to a specific social group or their political views; the foregoing does not apply to a refugee who may not invoke the ban on refoulement under Article 5 paragraph 2 of the Asylum Act of 26 June 1998; b. expulsion would violate other mandatory provisions of international law. 2 In reaching its decision, the competent cantonal authority must reasonably believe that expulsion to a state deemed safe by the Federal Council in accordance with Article 6a paragraph 2 of the Asylum Act of 26 June 1998 does not violate Article 25 paragraphs 2 and 3 of the Federal Constitution.
Art. 66d — Inserted by No I 1 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). Para. 1 — The correction of 21 June 2017, published on 11 July 2017 relates to the French text only (AS 2017 3695). Para. 1 let. a — SR 142.31
2. Prohibition from carrying on an activity, conta
a. Prohibition from carrying on an activity, requi
Art. 67
1 If a person has committed a felony or misdemeanour while carrying on a professional activity or an organised non-professional activity, and has as a result received a custodial sentence in excess of six months, and if there is a risk that they will exploit their activity in order to commit a further felony or misdemeanour, the court may prohibit the person concerned totally or partially from carrying on this activity or comparable activities for a period of six months to five years. 2 If a person has committed a felony or misdemeanour against a minor or another especially vulnerable person and if there is a risk that in carrying on a professional activity or an organised non-professional activity that involves regular contact with any minors or with other especially vulnerable persons the person will commit further offences of this nature, the court may prohibit them from carrying on the activity concerned for one to ten years. 2bis The court may impose a lifelong prohibition order u
Art. 67 — Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). Para. 1 — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 2bis — Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).
Content and scope
Art. 67a
1 Professional activities within the meaning of Article 67 are activities in exercise of a principal or secondary profession or trade or of a commercial enterprise. Organised non-professional activities are activities that are not or not primarily carried on for pecuniary gain and which are carried on in the context of an association or other organisation. 2 The prohibition from carrying on an activity under Article 67 includes activities that the offender carries on on a self-employed basis, as a governing officer of a legal entity or commercial enterprise or in another capacity that must be recorded in the commercial register, or as the agent or representative of another person or which the offender arranges to be carried on by a person dependent on their instructions. 3 If there is a risk that the offender will also exploit their activity in order to commit offences if they are subject to the orders and control of a superior or supervisor, the offender shall be totally prohibited fr
Art. 67a — Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). Para. 2 — Amended by No I 3 of the FA of 18 March 2022 on Combating Bankruptcy Fraud, in force since 1 Jan. 2025 (AS 2023 628; BBl 2019 5193). Para. 5 let. b — Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115). Para. 6 —
b. Contact prohibition and exclusion order
Art. 67b
1 If a person has committed a felony or misdemeanour against one or more specific persons or against persons in a specific group, and if there is a risk that the person concerned will commit further felonies or misdemeanours in the event of having contact with such persons, the court may impose a contact prohibition and exclusion order of up to five years. 2 By means of a contact prohibition and exclusion order the court may prohibit the offender from: a. contacting one or more specific persons or persons in a specific group directly or via third parties, in particular by telephone, in writing or online, or employing, accommodating, educating, caring for such persons or associating with such persons in any other way; b. approaching a specific person or coming within a specific distance of that person’s home; c. being present in specific locations, in particular specific streets, areas or districts. 3 The competent authority may use technical devices that are securely attached to the of
Art. 67b — Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
c. Common provisions
Enforcement of prohibition orders
Art. 67c
1 A prohibition order comes into effect on the day on which the judgment takes full legal effect. 2 The duration of a custodial sentence or of a custodial measure (Art. 59–61 and 64) is not taken into account in determining the term of the prohibition order. 3 If the offender fails to complete the probationary period successfully and if the suspended custodial sentence is executed or a recall to custody is ordered in respect of a sentence or measure, the term of the prohibition order is calculated from the day on which the offender is released on parole or granted final release or on which the sanction is revoked or remitted. 4 If the offender completes the probationary period successfully, the competent authority shall decide on any modification of the conditions or term of the prohibition order under Article 67 paragraph 1 or Article 67b, or on whether the prohibition order should be revoked. 5 The offender may apply to the competent authority for a modification of the conditions or
Art. 67c — Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819). Para. 5 let. c — Repealed by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), with effect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115). Para. 5 let. d — Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6
Modification of a prohibition order or subsequent
Art. 67d
1 If it becomes apparent during the term of an activity prohibition order or a contact prohibition and exclusion order that in the offender’s case an extension of the prohibition order or an additional such prohibition order is required, the court may on application from the executive authority extend the prohibition order or impose an additional prohibition order. 2 If it becomes apparent during a custodial sentence or a custodial measure that in the offender’s case a prohibition order under Article 67 paragraph 1 or 2 or under Article 67b is required, the court may impose this prohibition order on application from the executive authority.
Art. 67d — Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
3. Disqualification from driving
Art. 67e
If the offender has used a motor vehicle in order to commit a felony or misdemeanour and where there is a risk of re-offending, the court, in addition to imposing a sentence or measure under Articles 59–64, may order that the offender forfeit their provisional or full driving licence for a period of between one month and five years.
Art. 67e — Originally: Art. 67b.
Art. 67f
No longer required as a result of No IV 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
4. Publication of the judgment
Art. 68
1 If publication of a criminal judgment is required in the public interest, or in the interests of the person harmed or of the complainant, the court shall order publication at the expense of the offender. 2 If publication of an acquittal or of a ruling of the prosecution service abandoning proceedings is required in the public interest, or in the interests of the acquitted person or former suspect, the court shall order publication at State expense or at the expense of the complainant. 3 Publication is made in the interests of the person harmed, complainant, acquitted person or former suspect only if such persons so request. 4 The court decides on the form and extent of publication.
5. Forfeiture
a. Forfeiture of dangerous objects
Art. 69
1 The court shall, irrespective of the criminal liability of any person, order the forfeiture of objects that have been used or were intended to be used for the commission of an offence or that have been produced as a result of the commission of an offence in the event that such objects constitute a future danger to public safety, morals or public order. 2 The court may order that the objects forfeited be rendered unusable or be destroyed.
b. Forfeiture of assets
Principles
Art. 70
1 The court shall order the forfeiture of assets that have been acquired through the commission of an offence or that are intended to be used in the commission of an offence or as payment therefor, unless the assets are passed on to the person harmed for the purpose of restoring the prior lawful position. 2 Forfeiture is not permitted if a third party has acquired the assets in ignorance of the grounds for forfeiture, provided they have paid a consideration of equal value therefor or forfeiture would cause them to endure disproportionate hardship. 3 The right to order forfeiture is limited to seven years; if, however, the prosecution of the offence is subject to a longer limitation period, this period also applies to the right to order forfeiture. 4 Official notice must be given of forfeiture. The rights of persons harmed or third parties expire five years after the date on which official notice is given. 5 If the amount of the assets to be forfeited cannot be ascertained, or may be as
Equivalent claim
Art. 71
1 If the assets subject to forfeiture are no longer available, the court may uphold a claim for compensation by the State in respect of a sum of equivalent value, which claim may be enforced against a third party only if this is not excluded by Article 70 paragraph 2. 2 The court may dismiss an equivalent claim in its entirety or in part if the claim is likely to be unrecoverable or if the claim would seriously hinder the rehabilitation of the person concerned. 3 …
Para. 3 — Repealed by Annex 1 No 4 of the FA of 17 June 2022, with effect from 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Forfeiture of assets of a criminal or terrorist or
Art. 72
The court shall order the forfeiture of all assets that are subject to the power of disposal of a criminal or terrorist organisation. In the case of the assets of a person who participates in or supports such an organisation (Art. 260ter), it is presumed that the assets are subject to the power of disposal of the organisation until the contrary is proven.
Art. 72 — Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360; BBl 2018 6427).
6. Use for the benefit of the person harmed
Art. 73
1 If as a result of a felony or misdemeanour a person has suffered harm and is not entitled to benefits under an insurance policy, and if it is anticipated that the offender will not pay damages or satisfaction, the court shall award the person harmed, at that person’s request, a sum of money up to the amount of damages or satisfaction set by a court or agreed in a settlement with the person harmed and obtained from: a. the monetary penalty or fine paid by the offender; b. objects and assets that have been forfeited, or the proceeds of their sale after deduction of expenses; c. compensatory claims; d. the amount of the good behaviour bond. 2 The court may order such an award only if the person harmed assigns the corresponding element of their claim to the State. 3 The cantons shall provide a simple and quick procedure for cases where their courts are not entitled to make an award of this nature in a criminal judgment.
Title Four: Execution of Custodial Sentences and C
1. Principles
Art. 74
The human dignity of the prison inmates or of the inmates of an institution for the execution of measures must be respected. Their rights may only be limited to the extent that that is required for the deprivation of their liberty and their co-existence in the penal institution.
2. Execution of custodial sentences
Principles
Art. 75
1 The execution of sentences must encourage an improvement in the social behaviour of the prison inmates, and in particular their ability to live their lives without offending again. The conditions under which sentences are executed must correspond as far as possible with those of normal life, guarantee the supervision of the prison inmates, counteract the harmful consequences of the deprivation of liberty and take appropriate account of the need to protect the general public, the institution staff and other inmates. 2 … 3 The institution rules shall provide that a sentence management plan be drawn up in consultation with the prison inmate. This plan in particular contains details of the supervision offered, the opportunities to work and receive basic or advanced training, making reparation, relations with the outside world and preparations for release. 4 The prison inmate must actively cooperate in resocialisation efforts and the preparations for release. 5 Account is taken of the gen
Para. 2 — Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Special security measures
Art. 75a
1 The Commission under Article 62d paragraph 2 shall, with a view to a transfer to an open penal institution and the authorisation of a relaxation in the execution of the sentence, assess the danger to the community of the offender if: a. they have committed a felony in terms of Article 64 paragraph 1; and b. the executive authority cannot satisfactorily answer the question of whether they are a danger to other prison inmates. 2 Relaxation of the execution of the sentence involves easing the regime for the deprivation of liberty, in particular by means of a transfer to an open institution, the granting of release on temporary licence, the authorisation of day release employment or of external accommodation and the granting of parole. 3 Danger to the community is assumed if there is a risk that the prison inmate will abscond and commit a further offence that severely prejudices the physical, psychological or sexual integrity of another person.
Art. 75a — Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689).
Place of execution
Art. 76
1 Custodial sentences are executed in a secure or open penal institution. 2 Prison inmates shall be admitted to a secure penal institution or to the secure section of an open penal institution if there is a risk that that they will abscond, or it is expected that they will commit further offences.
Normal execution
Art. 77
Prison inmates normally spend their working, rest and leisure time in the institution.
Day release employment and external accommodation
Art. 77a
1 The custodial sentence is executed in the form of day release employment if the prison inmate has served part of the custodial sentence, normally a minimum one half, and it is not expected that they will abscond or commit further offences. 2 In day release employment, prison inmates work outside the institution and spends their rest and leisure time in the institution. The change to day release employment normally takes place following an appropriate period spent in an open institution or the open section of a secure institution. Work outside the institution may also include housework and caring for children. 3 Where prison inmates prove to be of good behaviour in day release employment, the further execution of the sentence takes the form of external accommodation and day release employment. Here the prison inmates live and work outside the institution but remain under the supervision of the executive authority.
Semi-detention
Art. 77b
1 At the offender’s request, a custodial sentence of no more than 12 months or the remainder of a sentence after taking account of time spent on remand of no more than six months may be served in the form of semi-detention provided: a. it is not anticipated that the offender will abscond or commit further offences; and b. the offender does regulated work or training or is similarly occupied for at least 20 hours a week. 2 Prison inmates shall work, be trained or similarly occupied outside the institution and spend their rest and leisure time in the institution. 3 Semi-detention may be served in a special section of a remand centre provided the offender is guaranteed the required supervision. 4 If the offender no longer meets the authorisation requirements or if they fail to comply with the conditions of semi-detention imposed by the executive authority despite being warned to do so, the custodial sentence shall be served in the normal manner.
Art. 77b — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Solitary confinement
Art. 78
Solitary confinement in the form of uninterrupted separation from other prison inmates may only be ordered: a. for a maximum of one week at the start of the sentence in order to initiate the execution of the sentence; b. for the protection of the prison inmate or of third parties; c. as a disciplinary sanction; d. to prevent other prison inmates from being influenced by ideas that may encourage them to carry out terrorist activities, provided there is specific evidence of such an influence.
let. d — Inserted by No I 6 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in Force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).
Art. 79
Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Community service
Art. 79a
1 If it is not anticipated that the offender will abscond or commit further offences, the following sentences may be served in the form of community service: a. a custodial sentence of no more than six months; b. the remainder of a sentence of no more than six months after taking account of time spent on remand; or c. a monetary penalty or a fine. 2 Community service is not permitted as a means of serving an alternative custodial sentence. 3 Community service is work that benefits social institutions, public works or persons in need. The work is unpaid. 4 Four hours of community service correspond to one day of a custodial sentence, one daily penalty unit of a monetary penalty or one day of an alternative custodial sentence in the case of contraventions. 5 The executive authority shall allow the offender a specific period not exceeding two years within which to complete the community service. In the case of community service carried out in lieu of a fine, this period may not exceed one
Art. 79a — Inserted by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Electronic monitoring
Art. 79b
1 At the request of the offender, the executive authority may order the use of electronic devices and their secure attachment to the offender’s body (electronic monitoring): a. in execution of a custodial sentence or an alternative custodial sentence of from 20 days to 12 months; or b. in lieu of day release employment or day release employment and external accommodation for a term of from 3 to 12 months. 2 The executive authority may order electronic monitoring only if: a. it is not anticipated that the offender will abscond or commit further offences; b. the offender lives in permanent accommodation; c. the offender is doing regulated work or training or is similarly occupied for at least 20 hours a week or can be assigned to do the same; d. the adults living with the offender in the same accommodation consent; and e. the offender agrees to the implementation plan drawn up for him. 3 If the requirements of paragraph 2 letter a, b or c are no longer met or if the offender fails to ful
Art. 79b — Inserted by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Other forms of sentence execution
Art. 80
1 A departure from the rules governing the execution of sentences in favour of the prison inmates may be permitted: a. if the state of health of the prison inmates so requires; b. in the event of pregnancy, childbirth and for the time immediately after childbirth; c. to enable the mother and infant to be accommodated together, provided this is also in the interests of the child. 2 If the sentence is not served in a penal institution, but in another appropriate institution, the prison inmate is subject to the regulations of that institution unless the executive authority orders otherwise.
Work
Art. 81
1 Prison inmates are obliged to work. Wherever possible, the work should be appropriate to their skills, education and training and their interests. 2 If they consent to do so, prison inmates may work for a private employer.
Basic and advanced training
Art. 82
Where they show the required aptitude and the possibility exists, prison inmates shall be given the opportunity to undergo basic and advanced training appropriate to their skills.
Wages
Art. 83
1 Prison inmates shall receive a wage for their work based on their performance and according to the circumstances. 2 Prison inmate may freely dispose of only part of their wage while serving their sentences. The remaining part is withheld until they have been released. The wage may neither be pledged, seized nor included in an insolvent estate. Any assignment or pledge of the wage is null and void. 3 If prison inmates participate in basic or advanced training instead of work in accordance with their sentence management plan, they shall receive appropriate remuneration.
Relations with the outside world
Art. 84
1 Prison inmates have the right to receive visitors and to cultivate contacts with persons outside the institution. Contact with close relatives and friends shall be facilitated. 2 Contact may be monitored and for the preservation of order and security in the penal institution it may be restricted or prohibited. The monitoring of visits is not permitted without the knowledge of those concerned. The foregoing does not apply to procedural measures in order to secure evidence for the purposes of a prosecution. 3 Clerics, doctors, attorneys, notaries and guardians as well as persons with comparable duties may be permitted to communicate freely with prison inmates subject to the general institution rules. 4 Contact with defence attorneys must be permitted. Visits from the defence attorney may be supervised but conversations may not be listened in on. Inspecting the content of correspondence and attorneys' documents is not permitted. Contact with attorneys may be prohibited by the competent
Para. 6bis — Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). Para. 7 — SR 0.191.02
Searches and inspections
Art. 85
1 The personal effects and the accommodation of the prison inmate may be searched in the interests of maintaining order and security in the penal institution. 2 Prison inmates who are suspected of concealing unpermitted articles about their person or in their body, may be subjected to a body search. The search must be conducted by a person of the same sex. If the removal of clothing is required, this must be carried out in the absence of other prison inmates. Searches of body cavities must be carried out by a doctor or other medically qualified staff.
Parole
a. Granting of parole
Art. 86
1 When prison inmates have served two thirds of their sentence, provided this amounts to at least three months, they shall be released on parole by the competent authority if this is justified by their conduct while in custody and it is not expected that they will commit further felonies or misdemeanours. 2 The competent authority shall assess ex officio whether inmates may be released on parole. It shall obtain a report from the institution board. The prison inmates shall be granted a hearing. 3 If parole is refused, the competent authority must reassess the question of whether parole may be granted at least once each year. 4 Where prison inmates have served half of their sentence, provided this amounts to at least three months, they may be released on parole by way of exception, if exceptional personal circumstances justify this. 5 In the case of persons serving a life sentence, parole under paragraph 1 is possible at the earliest after 15 years, and under paragraph 4 at the earliest
b. Probationary period
Art. 87
1 A person released on parole shall be subject to a probationary period of a duration that corresponds to the remainder of their sentence. The period however amounts to at least one year and no more than five years. 2 The executive authority shall normally order probation assistance for the duration of the probationary period. It may impose conduct orders on the person released on parole. 3 If parole is granted to an inmate serving a custodial sentence for an offence mentioned in Article 64 paragraph 1, and if on expiry of the probationary period a continuation of the probation assistance or the conduct orders appear to be required in order to reduce the risk of further offences of this type being committed, the court may at the request of the executive authority extend the probation assistance or the conduct orders in each case by one to five years or impose a new conduct order for this period. A recall to custody in accordance with Article 95 paragraph 5 is not possible in such cases
c. Successful completion of probation
Art. 88
If the person released on parole is of good behaviour throughout the probationary period, they shall be granted final release.
d. Breach of probation
Art. 89
1 If a person released on parole commits a felony or misdemeanour during the probationary period, the court judging the new offence shall order the person’s recall to custody. 2 If, despite the commission of a felony or misdemeanour during the probationary period, it is not expected that the offender will commit further offences, the court shall dispense with a recall to custody. It may admonish the offender and extend the probationary period by no more than half of the period originally fixed by the competent authority. If the extension is ordered after the expiry of the original probationary period, it begins on the day on which it is ordered. The provisions on probation assistance and conduct orders apply (Art. 93–95). 3 If a person released on parole fails to comply with the conditions of probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 applies. 4 A recall to custody may not be ordered if three years have elapsed since the expiry of the probationary
3. Execution of measures
Art. 90
1 A person subject to the execution of a measure under Articles 59–61, may only be accommodated without interruption separately from the other inmates of an institution for the execution of measures if this is essential: a. as a temporary therapeutic measure; b. for the protection of other inmates of the institution or of third parties; c. as a disciplinary sanction; d. to prevent other prison inmates from being influenced by ideas that may encourage them to carry out terrorist activities, provided there is specific evidence of such an influence. 2 At the start of the execution of the measure, a sentence management plan is drawn up in consultation with the inmate or their legal representative. This includes in particular details of the treatment of the inmate's mental disorder, dependence or developmental disorder and on measures to prevent the endangerment of others. 2bis Measures under Articles 59–61 and 64 may be executed in the form of external accommodation and day release employm
Para. 1 let. d — Inserted by No I 6 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in Force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751). Para. 2bis — Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). Para. 4bis — Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan
4. General provisions
Disciplinary regulations
Art. 91
1 Disciplinary sanctions may be imposed on prison inmates and inmates of an institution for the execution of measures who are guilty of infringing the institution regulations or the sentence management plan. 2 Disciplinary sanctions are: a. a reprimand; b. the temporary withdrawal or restriction of the right to use money, participate in recreational activities or have external contacts; c. a fine; and d. solitary confinement as an additional restriction of liberty. 3 The cantons shall enact disciplinary regulations applicable to the execution of sentences and measures. The regulations detail the disciplinary offences, the sanctions and how they are fixed, and regulate the procedure.
Para. 2 let. c — Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 3539 3544; BBl 2005 4689). Para. 2 let. d — Originally let. c.
Interruption of execution
Art. 92
The execution of sentences and measures may be interrupted for good cause.
Right to information
Art. 92a
1 Victims and relatives of victims as defined in Article 1 paragraphs 1 and 2 of the Victim Support Act of 23 March 2007 (VSA) and third parties who have a legitimate interest may make a written request to the executive authority for the following information: a. the time of execution of the sentence or measure imposed on the offender, institution responsible for execution, the form of execution if it differs from normal, interruptions and relaxations in the sentence or measure, (Art. 75a para. 2), parole and final release, and the reactivation of the execution of a sentence or measure; b. immediate notification of the escape of an offender and of their recapture. 2 The executive authority decides on the request after consulting the offender. 3 It may refuse to provide the information or revoke a previous decision to provide information only if the offender’s legitimate interests justify this. 4 If the executive authority approves a request, it shall advise the person entitled to infor
Art. 92a — Inserted by No I 1 of the FA of 26 Sept. 2014 on Victims’ Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913). See also the transitional provision to this amendment at the end of the text. Para. 1 — SR 312.5
Title Five: Probation Assistance, Conduct Orders a
Probation assistance
Art. 93
1 Probation assistance is intended to protect the probationers from reoffending and enable their social integration. The competent authority for probation assistance provides and arranges for the required social and specialist services. 2 Persons working in the field of probation assistance must treat matters that come to their knowledge in the course of their work as confidential. They may disclose information on the personal circumstances of a probationer to third parties only if the probationer or the person in charge of probation assistance has consented in writing. 3 The authorities for the administration of criminal justice may obtain a report on the probationer from the competent authority for probation assistance.
Conduct orders
Art. 94
1 The conduct orders that the court or the executive authority may impose on the offender for duration of the probationary period relate in particular to the practice of a profession, place of residence, driving motor vehicles, reparation and medical and psychological therapy. 2 In the case of offences against sexual integrity, the offender may be required to attend a course.
Art. 94 — Amended by No I 1 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011).
General provisions
Art. 95
1 Prior to making their decision on probation assistance and conduct orders, the court and the executive authority may obtain a report from the authority responsible for supervising the probation assistance and the conduct orders or for enforcing activity prohibition orders or contact prohibition and exclusion orders. The person concerned may state their opinion on the report. Differences of opinion must be recorded in the report. 2 The ordering of probation assistance and conduct orders must be noted and justified in the judgment or the decision. 3 If the offender fails to comply with the conditions of probation assistance or disregards the conduct orders or if the probation assistance or conduct orders cannot be implemented or are no longer required, the competent authority shall submit a report to the court or the authorities responsible for the execution of sentences and measures. 4 The court or the executive authority may in the cases mentioned in paragraph 3: a. extend the probat
Para. 1 — Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
Social assistance
Art. 96
The cantons shall guarantee the provision of social assistance for the duration of the criminal proceedings and of the execution of the sentence which may be claimed voluntarily.
Title Six: Statute of Limitations
1. Limitation of prosecution rights
Periods
Art. 97
1 The right to prosecute is subject to a time limit of: a. 30 years if the offence carries a custodial sentence of life; b. 15 years if the offence carries a custodial sentence of more than three years; c. 10 years if the offence carries a custodial sentence of three years; d. seven years if the offence carries a different penalty. 2 In the case of sexual acts with children (Art. 187) and in the case offences under Articles 111, 113, 122, 124, 182, 189–191, 193, 193a, 195 and 197 paragraph 3 involving a child under 16, the limitation period in each case runs at least until the victim has attained the age of 25. 3 If a judgment is issued by a court of first instance before expiry of the limitation period, the time limit no longer applies. 4 The limitation of the right to prosecute in the case of sexual acts with children (Art. 187) and dependent minors (Art. 188) and offences under Articles 111–113, 122, 182, 189–191 and 195 involving a child under 16 is governed by paragraphs 1–3 if th
Para. 1 let. d — Amended by No I 1 of the FA of 21 June 2013 (Extension of Prosecution Time Limits), in force since 1 Jan. 2014 (AS 2013 4417; BBl 2012 9253). Para. 2 — Amended by No I 1 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011). Para. 4 — AS 2002 2993 Para. 4 — Amended by Art. 2 No 1 of the FedD of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Conven
Commencement
Art. 98
The limitation period begins: a. on the day on which the offender committed the offence; b. on the day on which the final act was carried out if the offence consists of a series of acts carried out at different times; c. on the day on which the criminal conduct ceases if the criminal conduct continues over a period of time.
2. Limitation period for the execution of a senten
Periods
Art. 99
1 The right to execute a sentence is subject to a limitation period of: a. 30 years if a custodial sentence of life has been imposed; b. 25 years if a custodial sentence of ten or more years has been imposed; c. 20 years if a custodial sentence at least five and less than ten years has been imposed; d. 15 years, if a custodial sentence of more than one and less than five years has been imposed; e. five years if any other sentence has been imposed. 2 The limitation period for a custodial sentence is extended: a. by the time that the offender spends serving without interruption that or any other custodial sentence or measure that is executed immediately beforehand; b. by the length of the probationary period in the case of release on parole.
Commencement
Art. 100
The limitation period begins on the day on which the judgment becomes legally enforceable, and in the case of suspended sentences or the execution of a measure, on the day on which the execution of the penalty is ordered.
3. Exclusion from limitation
Art. 101
1 There is no statute of limitations for the offences of: a. genocide (Art. 264); b. crimes against humanity (Art. 264a para. 1 and 2); c. war crimes (Art. 264c para. 1–3, 264d para. 1 and 2, 264e para. 1 and 2, 264f, 264g para. 1 and 2 and 264h); d. felonies that have caused or threatened to cause danger to life and limb to a large number of persons as a method of extortion or duress, in particular through the use of means of mass destruction, the causing of catastrophes, or as part of a hostage taking offence; e. sexual acts with children (Art. 187 Nos 1 and 1bis), sexual abuse and indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of proper judgement or resistance (Art. 191), exploitation of a person in a position of need or dependency (Art. 193) and deception as to the sexual character of an act (Art. 193a) if committed against children under the age of 12. 2 If the right to prosecute the offence would have become time barred had Articles 97 and 98 app
Para. 1 let. e — Inserted by No I 1 of the FA of 15 June 2012 (Non-applicability of Limitation to Sexual or Pornography Offences against Prepubescent Children), (AS 2012 5951; BBl 2011 5977). Amended by No I 1 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011). Para. 1 let. e — Amended by No I 1 of the FA of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statue of the Inter
Title Seven: Corporate Criminal Liability
Liability under the criminal law
Art. 102
1 If a felony or misdemeanour is committed in an undertaking in the exercise of commercial activities in accordance with the objects of the undertaking and if it is not possible to attribute this act to any specific natural person due to the inadequate organisation of the undertaking, then the felony or misdemeanour is attributed to the undertaking. In such cases, the undertaking shall be liable to a fine not exceeding 5 million francs. 2 If the offence committed falls under Articles 260ter, 260quinquies, 305bis, 322ter, 322quinquies, 322septies paragraph 1 or 322octies, the undertaking is penalised irrespective of the criminal liability of any natural persons, provided the undertaking has failed to take all the reasonable organisational measures that are required in order to prevent such an offence. 3 The court assesses the fine in particular in accordance with the seriousness of the offence, the seriousness of the organisational inadequacies and of the loss or damage caused and based
Para. 2 — Amended by No I of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591). Para. 4 let. d — Terminological footnote relevant to German only.
Art. 102a
Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Part Two: Contraventions
Definition
Art. 103
Contraventions are acts that are punishable by a fine.
Application of the provisions of the First Part
Art. 104
The provisions of the First Part also apply to contraventions, subject to the following changes.
No or conditional applicability
Art. 105
1 The provisions on suspended and partially suspended sentences (Art. 42 and 43), on expulsion (Art. 66a–66d) and on corporate criminal liability (Art. 102) do not apply to contraventions. 2 Attempt and complicity are offences only in the cases expressly mentioned in this Code. 3 Custodial measures (Art. 59–61 and 64), activity prohibition orders (Art. 67), contact prohibition and exclusion orders (Art. 67b) and the publication of the judgment (Art. 68) are permitted only in the cases expressly mentioned in this Code.
Para. 1 — Amended by No I 1 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). Para. 3 — Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).
Fines
Art. 106
1 Unless the law provides otherwise, the maximum amount of a fine is 10,000 francs. 2 In its judgment, the court shall impose an alternative custodial sentence of at least one day and a maximum of three months for the event that the fine is culpably not paid. 3 The court determines the fine and the alternative custodial sentence based on the offender's circumstances so that the offender receives the sentence that is commensurate with their culpable conduct. 4 On retrospective payment of the fine, the offender is released from the alternative custodial sentence. 5 Articles 35 and 36 paragraph 2 apply by analogy to the collection and conversion of the fine.
Para. 5 — Amended by No I 1 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. 107
Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Art. 108
This Article contains no provisions for technical drafting reasons. Corrected by the Drafting Committee of the Federal Assembly (Art. 58 para. 1 ParlA; SR 171.10).
Limitation
Art. 109
The right to prosecute and to execute a sentence is subject to a limitation period of three years.
Part Three: Terms and Definitions
Art. 110
1 Close relatives of a person are that person’s spouse, registered partner, relatives of direct lineage, full siblings and half siblings, adoptive parents, adoptive siblings and adoptive children. 2 Family members are persons who live in the same household. 3 Public officials are the officials and employees of a public administrative authority or of an authority for the administration of justice as well as persons who hold office temporarily or are employed temporarily by a public administrative authority or by an authority for the administration of justice or who carry out official functions temporarily. 3bis If a provision refers to the term "property", it also applies to animals. 4 Official documents are written works intended and designed to prove a fact of legal relevance, or indications that are intended to prove such a fact. Recordings on image and data carriers are equivalent to a written document, provided that they serve the same purpose. 5 Public deeds are official documents
Para. 1 — Amended by Art. 37 No 1 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). Para. 3bis — AS 2006 3583