Swiss Criminal Code (SCC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Title One: Offences against Life and Limb
1. Homicide
Intentional homicide
Art. 111
Any person who kills a person intentionally, but without fulfilling the special requirements of the following articles, shall be liable to a custodial sentence of not less than five years.
Term in accordance with No II 1 para. 1 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Murder
Art. 112
Where the offender acts in a particularly unscrupulous manner, in which the motive, the objective or the method of commission is particularly depraved, a custodial sentence for life or a custodial sentence of not less than ten years shall be imposed.
Art. 112 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Manslaughter
Art. 113
Where the offender acts in a state of extreme emotion that is excusable in the circumstances, or in a state of profound psychological stress, a custodial sentence of from one to ten years shall be imposed.
Art. 113 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Homicide at the request of the victim
Art. 114
Any person who for commendable motives, and in particular out of compassion for the victim, causes the death of a person at that person’s own genuine and insistent request shall be liable to a custodial sentence not exceeding three years or to a monetary penalty .
Art. 114 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Inciting and assisting suicide
Art. 115
Any person who for selfish motives incites or assists another to commit or attempt to commit suicide shall, if that other person thereafter commits or attempts to commit suicide, be liable to a custodial sentence not exceeding five years or to a monetary penalty .
Term in accordance with No II 1 para. 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Infanticide
Art. 116
If a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 116 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Homicide through negligence
Art. 117
Any person who causes the death of another through negligence shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
2. Abortion
Illegal abortion
Art. 118
1 Any person who terminates a pregnancy with the consent of the pregnant woman or incites or assists a pregnant woman to terminate her pregnancy without the requirements of Article 119 being fulfilled shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 Any person who terminates a pregnancy without the consent of the pregnant woman shall be liable to a custodial sentence of from one to ten years. 3 Any woman who has her pregnancy terminated or otherwise participates in the termination of her pregnancy following the end of the twelfth week since her last period and without the requirements of Article 119 being fulfilled shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 4 Cases falling under paragraphs 1 and 3 above are subject to a limitation period of three years.
Art. 118 — Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376). Para. 2 — Term in accordance with No II 1 para. 4 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book. Para. 4 — Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1
Legal abortion
Art. 119
1 The termination of a pregnancy is exempt from penalty in the event that the termination is, in the judgment of a physician, necessary in order to be able to prevent the pregnant woman from sustaining serious physical injury or serious psychological distress. The risk must be greater the more advanced the pregnancy is. 2 The termination of a pregnancy is likewise exempt from penalty if, at the written request of a pregnant woman, who claims that she is in a state of distress, it is performed within twelve weeks of the start of the pregnant woman’s last period by a physician who is licensed to practise their profession. The physician must have a detailed consultation with the woman prior to the termination and provide her with appropriate counselling. 3 If the woman is incapable of judgement, the consent of her legal representative is required. 4 The cantons designate the medical practices and hospitals that fulfil the requirements for the professional conduct of procedures to terminat
Art. 119 — Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376).
Contraventions by physicians
Art. 120
1 Any physician who terminates a pregnancy in terms of Article 119 paragraph 2 and who fails, prior to the procedure: a. to obtain a written request from the pregnant woman; b. to discuss the termination in detail with the pregnant woman and to counsel her, to advise her of the risks of the procedure to her health, and to provide her with a written guide, the receipt of which she must acknowledge with her signature, that contains: 1. a list of agencies that provide counselling free of charge, 2. a list of associations and agencies that offer moral and material support, and 3. information on the possibility of having the child adopted; c. to personally ensure that a pregnant woman under 16 years of age has been in contact with a counselling agency specialised in dealing with young people. shall be liable to a fine. 2 Any physician who fails to report the termination of a pregnancy to the competent authority in accordance with Article 119 paragraph 5 shall be liable to the same penalty.
Art. 120 — Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 (AS 2002 2989 2992; BBl 1998 3005 5376). Para. 1 — Term in accordance with No II 1 para. 5 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Art. 121
Repealed by No I of the FA of 23 March 2001 (Abortion), with effect from 1 Oct. 2002 (AS 2002 2989; BBl 1998 3005 5376).
3. Assault
Serious assault
Art. 122
Any person who intentionally: a. inflicts a life-threatening injury on another; b. inflicts a serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently; c. causes any other serious damage to the person or to the physical or mental health of another, shall be liable to a custodial sentence of from one year to ten years.
Art. 122 — 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).
Common assault
Art. 123
1. Any person who intentionally causes injury to the person or the health of another in any other way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. …, 2. The offender shall be prosecuted ex officio, if they use poison, a weapon or a dangerous object, if they commit the act on a person, and in particular on a child, who is unable to defend themselves, or is under their protection or in their care. if they are the spouse of the victim and the act was committed during the marriage or up to one year after divorce, if they are the registered partner of the victim and the offence was committed during the period of the registered partnership or up to a year after its dissolution, or if they are the heterosexual or homosexual partner of the victim provided they have at any time cohabited, and the act was committed at that time or up to one year after separation.
Art. 123 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). Para. 1 — Second paragraph repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 1 — Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). Para. 2 — Amended by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Pol
Female genital mutilation
Art. 124
1 Any person who mutilates the genitals of a female person, impairs their natural function seriously and permanently or damages them in some other way shall be liable to a custodial sentence of from six months to ten years or to a monetary penalty. 2 Any person who has committed the offence abroad but is now in Switzerland and is not extradited shall be liable to the foregoing penalties. Article 7 paragraphs 4 and 5 apply.
Art. 124 — Amended by No I of the FA of 30 Sept. 2011, in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677). Para. 1 — 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).
Assault through negligence
Art. 125
1 Any person who causes injury to the person or the health of another through negligence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the injury is serious, the offender shall be prosecuted ex officio.
Para. 1 — Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Acts of aggression
Art. 126
1 Any person who commits acts of aggression against another that do not cause any injury to the person or health shall be liable on complaint to a fine. 2 The offender is prosecuted ex officio if they commit the offence repeatedly: a. on a person under their protection or in their care, and in particular on a child; b. on their spouse during the marriage or up to a year after divorce; or bbis. on their registered partner during the period of the registered partnership or up to a year after its dissolution; or c. on their heterosexual or homosexual partner provided they have at any time cohabited, and the act was committed at that time or up to one year after separation.
Para. 2 let. bbis — Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). Para. 2 let. c — Inserted by No I of the FA of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009). 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).
4. Endangering the life or health of another
Abandonment
Art. 127
Any person who exposes a helpless person under their protection or care to a life-threatening danger or to a serious and immediate danger to health or abandons the person to such a danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 127 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Failure to offer aid in an emergency
Art. 128
Any person who fails to offer aid to another whom they have injured or to another who is in immediate life-threatening danger, in circumstances where the person either could reasonably have been expected to offer aid, any person who prevents or hinders others from offering aid, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 128 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
False alarm
Art. 128bis
Any person who intentionally and without good reason alerts a public or charitable security, rescue or emergency service, and in particular the police, fire or ambulance services shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 128bis — Inserted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
Endangering life
Art. 129
Any person who unscrupulously places another in immediate life-threatening danger shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 129 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Art. 130–132
Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).
Brawling
Art. 133
1 Any person who participates in a brawl that results in the death of or in an assault causing injury shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 A participant in a brawl who acts exclusively in self-defence or in order to separate the other participants is not liable to a penalty.
Art. 133 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Attack
Art. 134
Any person who participates in an attack on one or more other persons which causes death or injury to a person attacked or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 134 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). Term in accordance with No II 1 para. 6 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Representations of acts of violence
Art. 135
1 Any person who produces, imports, stores, markets, promotes, exhibits, offers, shows, makes accessible, acquires, procures or possesses by electronic means or otherwise or makes available sound, film or video recordings or other items or representations in which acts of extreme violence towards adults or animals or simulated acts of cruelty towards minors are portrayed, without reasonable cultural or scientific grounds therefor, and in doing so seriously offends basic human dignity shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the items or representations have genuine acts of cruelty towards minors as their content, a custodial sentence not exceeding five years or a monetary penalty shall be imposed. 2 Any person who consumes or for their own consumption produces, imports, stores, acquires, procures by electronic or other means or possesses the items or representations mentioned in the first sentence of paragraph 1 above, shall be liab
Art. 135 — 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).
Administering substances capable of causing injury
Art. 136
Any person who administers or makes available for consumption to children under the age of 16 alcoholic beverages or other substances in such quantities as may endanger their health shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 136 — Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 (AS 2009 2623, 2011 2559; BBl 2006 8573 8645).
Title Two: Offences against Property
Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
1. Offences against property
Unlawful appropriation
Art. 137
1. Any person who, with the intention of securing an unlawful gain for themselves or another, appropriates moveable property which belongs to another shall be liable, unless the special requirements of Articles 138-140 apply, to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender has found the property or if the property has inadvertently come into their possession, if they do not act for financial gain or if they act only to the detriment of a relative or family member, the offence shall only be prosecuted on complaint.
Misappropriation
Art. 138
1. Any person who, with the intention of securing an unlawful gain for themselves or another, appropriates moveable property belonging to another but entrusted to him, any person who makes unlawful use of financial assets entrusted to them for their own or another's benefit, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. Misappropriation to the detriment of a relative or family member is prosecuted only on complaint. 2. Any person who commits the foregoing offence in their capacity as a member of a public authority, or as a public official, guardian, adviser, professional asset manager, or in the practice of a profession or a trade or the execution of a commercial transaction for which they have been authorised by a public authority shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Para. 2 — Term in accordance with No II 1 para. 8 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Theft
Art. 139
1. Any person who, with the intention of securing an unlawful gain for themselves or another, appropriates moveable property belonging to another person with the object of permanently depriving the owner of it shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. … 3. The offender shall be liable to a custodial sentence of at least six months and no more than ten years if they: a. steal for commercial gain; b. commit theft as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft; c. carry a firearm or other dangerous weapon for the purpose of committing theft, or cause an explosion; or d. otherwise reveal that they pose a particular danger due to the manner in which they commit the theft. 4. Theft to the detriment of a relative or family member shall be prosecuted only on complaint.
Para. 2 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 let. d — 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).
Robbery
Art. 140
1. Any person who commits theft by using force on another, threatening another with imminent danger to life or limb, or making another incapable of resistance shall be liable to a custodial sentence of at least six months and no more than ten years. Any person who, when caught in the act of committing theft, commits any of the coercive acts mentioned in the foregoing paragraph in order to retain the stolen property shall be liable the same penalties. 2. The offender shall be liable to a custodial sentence of not less than one year if they carry with them a firearm or other dangerous weapon for the purpose of committing robbery. 3. The offender shall be liable to a custodial sentence of not less than two years, if they commit robbery as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft, or if they pose a particular danger in any other way due to the manner in which they commit robbery. 4. The penalty is a custodial sentence of not
Para. 1 — Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 2 — Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Removal of property
Art. 141
Any person who takes moveable property from the person entitled to it to the serious detriment of that person but without intending to permanently deprive the entitled person of it shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Unlawful use of financial assets
Art. 141bis
Any person who for their own or another's benefit unlawfully uses financial assets that have inadvertently come into their possession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Unlawful abstraction of energy
Art. 142
1 Any person who unlawfully obtains energy from an installation that serves to exploit natural power, and in particular an electrical installation shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts with the intention of securing an unlawful gain for themselves or another, a custodial sentence not exceeding five years or to monetary penalty shall be imposed.
Data theft
Art. 143
1 Any person who, with the intention of securing an unlawful gain for themselves or another obtains for themselves or another data that are stored or transmitted electronically or in some similar manner and which are not intended for them and have been specially secured to prevent their access shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 The theft of data to the detriment of a relative or family member is prosecuted only on complaint.
Unauthorised access to a data processing system
Art. 143bis
1 Any person who obtains unauthorised access by means of data transmission equipment to a data processing system that has been specially secured to prevent their access shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who markets or makes accessible passwords, programs or other data that they know or must reasonably believe are intended to be used to commit an offence under paragraph 1 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 143bis — Amended by Art. 2 No 1 of the FedD of 18 March 2011 (Council of Europe Convention on Cybercrime), in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697).
Criminal damage
Art. 144
1 Any person who damages, destroys or renders unusable property belonging to another or in respect of which another has a right of use shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender has committed criminal damage in the course of a public riot, they shall be prosecuted ex officio. 3 If the offender has caused major damage, a custodial sentence not exceeding five years or a monetary penalty shall be imposed. The offence is prosecuted ex officio.
Para. 3 — 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).
Damage to data
Art. 144bis
1. Any person who without authority alters, deletes or renders unusable data that is stored or transmitted electronically or in some other similar way shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. If the offender has caused major damage, a custodial sentence not exceeding five years or a monetary penalty shall be imposed. The offence is prosecuted ex officio. 2. Any person who manufactures, imports, markets, advertises, offers or otherwise makes accessible programs that they know or must reasonably believe will be used for the purposes described in paragraph 1 above, or provides instructions on the manufacture of such programs shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.
Para. 1 — Second paragraph 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. 2 — Second paragraph 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).
Misappropriation and removal of property subject t
Art. 145
Any debtor who, with the intention of causing loss to their creditors, appropriates, uses without authority, damages, destroys, reduces the value of or renders unusable property subject to a pledge or lien shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Fraud
Art. 146
1 Any person who, with the intention of securing an unlawful gain for themselves or another, mendaciously induces an erroneous belief in another person by false pretences or concealment of the truth, or mendaciously reinforces an erroneous belief, and thus causes that person to act to the prejudice of their own or another's financial interests, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed. 3 Fraud to the detriment of a relative or family member is prosecuted only on complaint.
Para. 2 — 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).
Computer fraud
Art. 147
1 Any person who, with the intention of securing an unlawful gain for themselves or another, by the incorrect, incomplete or unauthorised use of data, or in a similar way, influences the electronic or similar processing or transmission of data and as a result causes the transfer of financial assets, thus occasioning loss to another, or immediately thereafter conceals such a transfer shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed. 3 Computer fraud to the detriment of a relative or family member is prosecuted only on complaint.
Para. 2 — 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).
Misuse of a cheque card or credit card
Art. 148
1 Any person who, with the intention of obtaining services of a financial value despite being incapable of making or unwilling to make payment, uses a cheque card or credit card or similar means of payment that has been entrusted to them by the issuer thereof and thus causes loss to the issuer, shall be liable, provided the issuer and the contracting enterprise have taken reasonable measures in order to prevent the abuse of the card, to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.
Para. 2 — 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).
Unlawful claim for social insurance or social assi
Art. 148a
1 Any person who misleads a another by providing false or incomplete information, failing to disclose information or in any other way or who compounds an existing error so that they or an associate obtain social insurance or social assistance benefits to which they or their associate are not entitled shall be liable to a custodial sentence not exceeding one year or to monetary penalty. 2 In minor cases, the penalty is a fine.
Art. 148a — 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).
Making off from a hotel, restaurant or bar without
Art. 149
Any person who accepts accommodation, food or drink or other services in a hotel, restaurant, bar or similar premises and dishonestly makes off without making payment therefor shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Obtaining a service without payment
Art. 150
Any person who obtains a service without paying, knowing that the service is only rendered against payment, and in particular makes use of public transport, attends public performances, exhibitions or similar events, or obtains services from a data processing device or a vending machine, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Production and marketing of equipment for the unau
Art. 150bis
1 Any person who manufactures, imports, exports, transports, markets or installs equipment, the components or data processing programs of which are designed and are suitable for the unauthorised decoding of encoded television or radio programmes or telecommunications services shall be liable on complaint to a fine. 2 An attempt to commit the foregoing offence or complicity in the same is also an offence.
Art. 150bis — Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405). Para. 1 — Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Mendaciously causing financial loss to another
Art. 151
Any person who without a view to gain, by making representations or suppressing information, mendaciously misleads another or mendaciously reinforces an erroneous belief with the result that the person in error acts in such a way that they or another incur a financial loss shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
False statements about commercial business
Art. 152
Any person who, whether as founder, proprietor, partner with unlimited liability, authorised representative or member of the management board or the board of directors, or as an auditor or liquidator of a trading company, a co-operative or any other enterprise which carries on commercial business, makes or causes to be made to all the company members, partners or co-operative members, or to the participants in any other commercial enterprise a false or incomplete statement of substantial significance by means of a public announcement or notice, report or presentation that could cause another to dispose of their own assets in such a way that that other person sustains financial loss, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
False statements to the commercial register author
Art. 153
Any person who causes an authority responsible for the Commercial Register to make a false entry in the Register or withholds from such an authority information which is required to be entered in the Register shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Criminal liability of members of the board of dire
Art. 154
1 Any person who, as a member of the board of directors or the executive board of a company whose shares are listed on a stock exchange, pays or accepts remuneration that is not permitted in terms of Article 735c letters 1, 5 and 6 of the Code of Obligations (CO), if applicable in conjunction with Article 735d number 1 CO, shall be liable to a custodial sentence not exceeding three years and to a monetary penalty. 2 Any person who, as a member of the board of directors of a company whose shares are listed on a stock exchange, carries out any of the following acts shall be liable to a custodial sentence not exceeding three years or to a monetary penalty: a. delegating the management of business wholly or partly to a legal entity in violation of Article 716b paragraph 2 first sentence CO; b. delegating the voting rights of corporate bodies or delegating voting rights to custodian banks (Art. 689b para. 2 CO); c. preventing: 1. the articles of association from containing the provisions sp
Art. 154 — 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, 110; BBl 2017 399). Para. 1 — SR 220 Para. 2 let. a — Correction by the Federal Assembly Drafting Committee of 22 Nov. 2023, published on 6 Dec. 2023 (AS 2023 739).
Counterfeiting of goods
Art. 155
1. Any person who, with the intention of deceiving another in trade or business, manufactures a product which appears to have a higher commercial value than its true commercial value, in particular by being an imitation or counterfeit version of another product, or imports, stores or markets such a product, shall be liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender acts for commercial gain, unless the act is subject to a more severe penalty under another provision hereof, a custodial sentence not exceeding five years or a monetary penalty shall be imposed.
Para. 2 — Amended by No I 1 of the FA of 3 Oct. 2008 on the Implementation of the Revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361 367; BBl 2007 6269).
Extortion
Art. 156
1. Any person who, with the intention of securing an unlawful gain for themselves or another, induces another person by using violence or the threat of seriously detrimental consequences to behave in such a way that they or another sustain financial loss shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offender acts for commercial gain, or if they repeatedly commit the offence against the same person, a custodial sentence of from six months to ten years shall be imposed. 3. If the offender uses violence against another or if they threaten another with an immediate danger to life and limb, a penalty in accordance with Article 140 hereof shall be imposed. 4. If the offender threatens to endanger the life and limb of a large number of persons or to cause serious damage to property in which there is a substantial public interest, they shall be liable to a custodial sentence of not less than one year.
Para. 2 — 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. 4 — Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Profiteering
Art. 157
1. Any person who for their own or another's financial gain or the promise of such gain, exploits the position of need, the dependence, the weakness of mind or character, the inexperience, or the foolishness of another person to obtain a payment or service which is clearly disproportionate to the consideration given in return, any person who acquires a debt originating from an act of profiteering and sells or enforces the same, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.
Para. 2 — 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).
Criminal mismanagement
Art. 158
1. Any person who by law, an official order, a legal transaction or authorisation granted to them, has been entrusted with the management of the property of another or the supervision of such management, and in the course of and in breach of their duties causes or permits that other person to sustain financial loss shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. Any person who acts in the same manner in their capacity as the manager of a business but without specific instructions shall be liable to the same penalty. If the offender acts with the intention of securing an unlawful gain for themselves or another, a custodial sentence not exceeding five years or to monetary penalty shall be imposed. 2. Any person who, with the intention of securing an unlawful gain for themselves or another, abuses the authority granted to them by statute, an official order or a legal transaction to act on behalf of another and as a result causes that other perso
Para. 1 — Third para. 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).
Misuse of salary deductions
Art. 159
Any employer who breaches the obligation to make use of a deduction from an employee's salary for the payment of taxes, duties, insurance premiums or contributions or in any other way for the benefit of the employee and thus causes loss to the employee shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Handling stolen goods
Art. 160
1. Any person who takes possession of, accepts as a gift or as the subject of a pledge, conceals, or assists in the disposal of goods which they know or must reasonably believe have been acquired by way of an offence against property shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. The offender shall be liable to the penalty applicable to the original offence if that penalty is reduced. If the original offence is prosecuted only on complaint, the handling of stolen goods is prosecuted only if a complaint has been made in respect of the original offence. 2. If the offender acts for commercial gain, a custodial sentence of from six months to ten years shall be imposed.
Para. 2 — 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. 161
Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).
Art. 161bis
Inserted by Art. 46 of the Stock Exchange Act of 24 March 1995 (AS 1997 68; BBl 1993 I 1369). Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).
2. Breach of manufacturing or trade secrecy
Art. 162
Any person who betrays a manufacturing or trade secret that they are under a statutory or contractual duty contract not to reveal, any person who exploits such a betrayal for their own or for another’s advantage, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
3. Bankruptcy and debt collection felonies or misd
Fraudulent bankruptcy and fraud against seizure
Art. 163
1. Any debtor who fictitiously reduces their assets to the prejudice of their creditors, and in particular disposes of or conceals assets, creates fictitious debts, accepts fictitious claims as valid or arranges for the enforcement of such claims, shall be liable, if bankruptcy proceedings are commenced against them or an unpaid debt certificate has been issued in their respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable a custodial sentence not exceeding three years or to a monetary penalty.
Reduction of assets to the prejudice of creditors
Art. 164
1. Any debtor who reduces their assets to the detriment of their creditors by damaging, destroying or reducing the value of any assets or rendering them unusable, disposing of any assets for no consideration or for a consideration that is clearly negligible in value, or by waiving, without material grounds, any rights which may accrue thereon or by renouncing rights for no consideration, shall be liable, if bankruptcy proceedings are commenced against them or an unpaid debt certificate has been issued in their respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Mismanagement
Art. 165
1. Any debtor who in a manner other than that in Article 164 through mismanagement, in particular through inadequate capital provision, excessive expenditure, hazardous speculation, the negligent granting or use of credit, the squandering of assets or gross negligence in the exercise of their profession or the management of their assets, causes or aggravates their excessive indebtedness, causes their own insolvency or, in the knowledge that they are unable to pay, prejudices their own financial situation, shall be liable, if bankruptcy proceedings are commenced against them or an unpaid debt certificate is issued in their respect, to a custodial sentence not exceeding five years or to a monetary penalty. 1bis. If the debtor receives official support to avert imminent over-indebtedness or insolvency, they shall be liable to the same penalty. 2. Any debtor whose assets have been seized shall be prosecuted solely on the complaint of a creditor who has obtained an unpaid debt certificate a
Para. 1 — Inserted 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).
Failure to keep proper accounts
Art. 166
Any debtor who fails to comply with a statutory obligation to which they are subject to keep and preserve business accounts or to draw up a balance sheet, with the result that their financial position is not or not fully ascertainable, shall be liable, if they are declared bankrupt or an unpaid debt certificate has been issued in their respect following distraint in accordance with Article 43 of the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA), to a custodial sentence not exceeding three years or to a monetary penalty.
SR 281.1
Undue preference to creditors
Art. 167
Any debtor who, in the knowledge of their inability to pay and with the intention of showing preference to some of their creditors to the prejudice of others, acts in order to achieve such an aim, and in particular pays debts that are not due for payment, pays due debts in a way that differs from the normal methods, or provides security for a debt from their own means when they are not obliged to do so, shall be liable, if they are declared bankrupt or an unpaid debt certificate has been issued in their respect, to a custodial sentence not exceeding three years or to a monetary penalty.
Subornation in enforcement proceedings
Art. 168
Any person who: a. gives or promises a creditor or their representative special advantages in order to obtain their vote at the creditors' meeting or on the creditors' committee, or to obtain the creditor’s consent to or rejection of a judicial composition agreement; b. gives or promises the administrator in bankruptcy, a member of the bankruptcy administration, the administrator, or the liquidator special advantages in order to influence their decisions; c. causes another to give or promise advantages specified in letter a or b, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 168 — 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).
Disposal of seized assets
Art. 169
Any person who without proper authority and to the prejudice of their creditors disposes of an asset that has been officially distrained or attached, that has been officially recorded in debt enforcement, bankruptcy or retention proceedings, or that forms part of property that has been ceded in a liquidation settlement or damages, destroys, reduces the value of, or renders unusable such an asset, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Obtaining a judicial composition agreement by frau
Art. 170
Any debtor who misleads their creditors, the administrator, or the debt enforcement authorities, in particular by false accounting or drawing up a false balance sheet, in order to obtain a composition moratorium or the approval of a judicial composition agreement, any third party who acts in the foregoing manner for the benefit of the debtor, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Judicial composition agreement
Art. 171
1 Articles 163 paragraph 1, 164 paragraph 1, 165 paragraph 1, 166 and 167 also apply in the event that a judicial composition agreement has been approved and adopted. 2 …
Para. 2 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Art. 171bis
Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
4. General provisions
…
Art. 172
Repealed by No II 3 of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Art. 172bis
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).
Minor offences against property
Art. 172ter
1 Where the offence relates only to a minor asset value or where only a minor loss is incurred, the offender shall be liable on complaint to a fine. 2 This provision does not apply to aggravated theft (Art. 139 nos 2 and 3), robbery or extortion.
Para. 2 — This number is now repealed.
Title Three: Offences against Personal Honour and
Amended by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
1. Offence against personal honour
Defamation
Art. 173
1. Any person who in addressing a third party, makes an accusation against or casts suspicion on another of dishonourable conduct or of other conduct that shall be liable to damage another's reputation, any person who disseminates such accusations or suspicions, shall be liable on complaint to a monetary penalty. 2. If the accused proves that the statement that they made or disseminated corresponds to the truth or that they had substantial grounds to hold an honest belief that it was true, they shall not be liable to a penalty. 3. The accused is not permitted to lead evidence in support of and is criminally liable for statements that are made or disseminated with the primary intention of accusing someone of disreputable conduct without there being any public interest or any other justified cause, and particularly where such statements refer to a person’s private or family life. 4. If the offender recants their statement, the court may impose a more lenient penalty or no penalty at all.
Art. 173 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249). Para. 1 — Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Intentional defamation
Art. 174
1. Any person who, in addressing a third party and knowing their allegations to be untrue, makes an accusation against or casts suspicion on another of dishonourable conduct, or of other conduct that is liable to damage another's reputation, any person who disseminates such accusations or suspicions, knowing them to be untrue, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender has acted systematically to undermine the good reputation of another, a custodial sentence of from one month to three years or a monetary penalty of not less than 30 daily penalty units shall be imposed. 3. If the offender recants their statement before the court on the grounds that it is untrue, the court may impose a more lenient penalty. The court must provide the person harmed with a document confirming the recantation.
Para. 2 — 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).
Defamation of a deceased person or of a person mis
Art. 175
1 If the defamation, whether intentional or not, is directed at a person who is deceased or who has been declared missing presumed dead, the relatives of the deceased person or the person missing presumed dead are entitled to apply for prosecution. 2 No offence is committed if, at the time of the statement being made, the deceased person has been dead or the missing person missing for more than 30 years.
General provision
Art. 176
Verbal defamation, whether intentional or not, is regarded as the equivalent of defamatory statements made in writing, in pictures, by gestures or in any other manner.
Insult
Art. 177
1 Any person who attacks the honour of another verbally, in writing, in pictures, through gestures or through acts of aggression shall be liable on complaint to a monetary penalty not exceeding 90 daily penalty units. 2 If the insulted party has directly provoked the insult by improper behaviour, the court may dispense with imposing a penalty on the offender. 3 If there is an immediate response to the insult by way of a retaliatory insult or act of aggression, the court may dispense with imposing a penalty on either or both offenders.
Para. 1 — Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Limitation
Art. 178
1 The right to prosecute misdemeanours against personal honour is subject to a limitation period of four years. 2 Article 31 applies to the expiry of the right to file a complaint.
Para. 1 — Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649). Para. 2 — Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
2. Offences in breach of privacy or secrecy
Amended by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
Breach of the privacy of a sealed document
Art. 179
Any person who without authority opens a sealed document or sealed mail in order to obtain knowledge of its content, any person who disseminates or makes use of information that they have obtained by opening a sealed document or sealed mail that was not intended for them, shall be liable on complaint to a fine.
Listening in on and recording the conversations of
Art. 179bis
Any person who by using a listening device and without the permission of all those participating, listens in on a private conversation between other persons, or records such a conversation on a recording device, any person who makes use of information that they know or must reasonably believe has come to their knowledge as the result of an offence under the above paragraph or makes such information known to a third party, any person who stores or allows a third party access to a recording that they know or must reasonably believe has been made as the result of an offence under paragraph 1 above, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 179bis — Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
Unauthorised recording of conversations
Art. 179ter
Any person who, as a participant in a private conversation, records the conversation on a recording device without the permission of the other participants, any person who stores or makes use of a recording or makes the recording available to a third party when they know or must reasonably believe that the recording has been made as the result of an offence under paragraph 1 above shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.
Art. 179ter — Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). 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).
Breach of secrecy or privacy through the use of an
Art. 179quater
Any person who observes with a recording device or records with an image-carrying device information from the secret domain of another or information which is not automatically accessible from the private domain of another, any person who makes use of information or makes information known to a third party, which they know or must reasonably believe has been produced as a result of an offence under paragraph 1 above, any person who stores or allows a third party access to a recording that they know or must reasonably believe has been made as the result of an offence under paragraph 1 above, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 179quater — Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585).
Legal recordings
Art. 179quinquies
1 Persons who, as participants in a conversation or subscribers to a participating line, record calls: a. to the emergency, rescue or security services; or b. in the course of business that have orders, assignments, reservations and similar transactions as their subject matter. are not liable to a penalty under Article 179bis paragraph 1 or Article 179ter paragraph 1. 2 Article 179bis paragraphs 2 and 3 and 179ter paragraph 2 apply by analogy to the use of. 2 Recordings in accordance with paragraph 1 above may only be used for the purpose of providing evidence.
Art. 179quinquies — Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). Amended by No I of the FA of 3 Oct. 2003, in force since 1 March 2004 (AS 2004 823 824; BBl 2001 2632 5816). Para. 2 — 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).
Marketing and promotion of devices for unlawful li
Art. 179sexies
1. Any person who manufactures, imports, exports, acquires, stores, possesses, transports, passes on to another, sells, leases, lends or in any other manner markets, promotes or provides instruction on the manufacture of technical devices which are in particular intended for unlawful listening or the unlawful making of sound or image recordings, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender acts on behalf of a third party, that third party shall be liable to the same penalty as the offender provided the third party was aware that the offence was being committed and failed to use their best efforts to prevent the commission of the offence. If the third party is a legal entity, a general or limited partnership or a sole proprietorship, paragraph 1 above applies to those persons who acted or should have acted on behalf of that entity.
Art. 179sexies — Inserted by No I of the FA of 20 Dec. 1968, in force since 1 May 1969 (AS 1969 319 322; BBl 1968 I 585). Para. 2 — Terminological amendment relevant only to the German text.
Misuse of a telecommunications installation
Art. 179septies
Any person who uses a telecommunications installation in order to cause distress to or harass another, shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.
Art. 179septies — Inserted by No I of the FA of 20 Dec. 1968 (AS 1969 319; BBl 1968 I 585). 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).
Official surveillance, exempted acts
Art. 179octies
1 Any person who, in the exercise of express statutory powers, orders or carries out the surveillance of the post or telecommunications of another or makes use of technical surveillance devices (Art. 179bis ff.) does not commit an offence provided that the approval of the appropriate court is obtained without delay. 2 …
Art. 179octies — Inserted by No VII of the FA of 23 March 1979 on the Protection of Personal Privacy (AS 1979 1170; BBl 1976 I 529 II 1569). Amended by Annex No 1 of the FA of 6 Oct. 2000 on the Surveillance of Post and Telecommunications, in force since 1 Jan. 2002 (AS 2001 3096; BBl 1998 4241). Para. 2 — Repealed by Annex 2 No 1 of the FA of 17 June 2022, with effect from 1 Jan. 2024 (AS 2023 468; BBl 2019 6697).
Obtaining personal data without authorisation
Art. 179novies
Any person who without authorisation obtains personal data that are particularly sensitive and that are not publicly accessible shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 179novies — Inserted by Annex No 4 of the FA of 19 June 1992 on Data Protection, (AS 1993 1945; BBl 1988 II 413). Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Identity theft
Art. 179decies
Any person who uses the identity of another person without that person’s consent in order to harm that person or in order to obtain an unlawful advantage for themselves or another shall be liable on complaint to a custodial sentence not exceeding one year or to a monetary penalty.
Art. 179decies — Inserted by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Title Four: Felonies and Misdemeanours against Lib
Threatening behaviour
Art. 180
1 Any person who places another in a state of fear and alarm by making a serious threat shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 The offender is prosecuted ex officio if they: a. are the spouse of the victim and the threat was made during the marriage or within one year of divorce; or abis. are the registered partner of the victim and the threat was made during the registered partnership or within one year of its dissolution; or b. are the heterosexual or homosexual partner of the victim, provided they are or were cohabiting for an indefinite period and the threat was made during this time or within one year of separation.
Para. 2 let. abis — Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288). Para. 2 let. b — 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).
Coercion
Art. 181
Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to carry out an act, to fail to carry out an act or to tolerate an act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Forced marriage, forced registered partnership
Art. 181a
1 Any person who, by the use of force or the threat of serious detriment or other restriction of another's freedom to act compels another to enter into a civil or religious marriage or to have a same-sex partnership registered shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 Any person who commits the foregoing offence abroad but is now in Switzerland and is not being extradited shall be liable to the same penalty. Article 7 paragraphs 4 and 5 apply.
Art. 181a — Inserted by No I 6 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185). Para. 1 — Amended by Annex No 5 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
Stalking
Art. 181b
Any person who persistently pursues, harasses or threatens another person in a manner that is likely to significantly restrict that person’s freedom to live their life as they wish shall, on complaint, be liable to a custodial sentence not exceeding three years or a monetary penalty.
Art. 181b — Inserted by No I of the FA of 20 June 2025 (Improving Criminal Law Protection against Stalking), in force since 1 Jan. 2026 (AS 2025 740; BBl 2024 751, 1219)
Trafficking in human beings
Art. 182
1 Any person who as a supplier, intermediary or customer engages in the trafficking of a human being for the purpose of sexual exploitation, exploitation of their labour or for the purpose of removing an organ shall be liable to a custodial sentence or to a monetary penalty. The soliciting of a person for these purposes is equivalent to trafficking. 2 If the victim is a minor or if the offender acts for commercial gain, the penalty is a custodial sentence of not less than one year. 3 … 4 Any person who commits the act abroad is also guilty of an offence. Articles 5 and 6 apply.
Art. 182 — 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 Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807). Para. 2 — AS 2012 7501 Para. 3 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
False imprisonment and abduction
Art. 183
1. Any person who unlawfully arrests or holds another prisoner or otherwise unlawfully deprives another of their liberty, any person who, by the use of force, false pretences or threats, abducts another, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. Any person who abducts a person who is incapable of judgement or resistance or who is under the age of sixteen, shall be liable the same penalty.
Art. 183 — Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
Aggravating circumstances
Art. 184
The penalty for false imprisonment and abduction is a custodial sentence of not less than one year, if the offender attempts to obtain a ransom, if they treat the victim with cruelty, if the deprivation of liberty lasts for a period in excess of ten days or if the health of the victim is seriously endangered.
Art. 184 — Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241).
Hostage taking
Art. 185
1. Any person who deprives another of their liberty, or abducts or otherwise seizes another in order to coerce a third party to carry out an act, abstain from carrying out an act or tolerate an act, any person who exploits a situation created in the foregoing manner by another in order so to coerce a third party, shall be liable to a custodial sentence of not less than one year. 2. The penalty is a custodial sentence of not less than three years if the offender threatens to kill or seriously injure the victim or to treat the victim with cruelty. 3. In particularly serious cases, and in particular if the act involves several victims, the offender shall be liable to a custodial sentence of life. 4. If the offender abandons the coercion and releases the victim, a reduced penalty may be imposed (Art. 48a). 5. Any person who commits the offence while abroad is also liable to the foregoing penalties provided they are arrested in Switzerland and not extradited. Article 7 paragraphs 4 and 5 ap
Art. 185 — Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). Para. 4 — Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). Para. 5 — Second sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Enforced disappearance
Art. 185bis
1 Any person who, with the intention of removing a person from the protection of the law for a prolonged period of time: a. on behalf of or with the acquiescence of a State or political organisation, deprives that person of their liberty, and thereafter refuses to give information as to their fate or whereabouts; or b. on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information as to the fate or whereabouts of the person concerned. shall be liable to a custodial sentence of not less than one year. 2 Any person who commits the offence abroad is also liable to the foregoing penalty provided they are now in Switzerland and are not extradited. Article 7 paragraphs 4 and 5 apply.
Art. 185bis — Inserted 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).
Unlawful entry
Art. 186
Any person who, against the will of the lawful occupants, enters a building, an apartment, a self-contained room within a building, an enclosed area, courtyard or garden forming a direct part of a building, or a clearly demarcated workplace or, despite requests from the lawful occupants to leave, remains in such a location, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Title Five: Offences against Sexual Integrity
Amended by No 1 of the FA of 21 June 1991, in force since 1 Oct. 1992 (AS 1992 1670 1678; BBl 1985 II 1009).
1. Sexual acts with children
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).
Art. 187
1. Any person who engages in a sexual act with a child under 16 years of age, or, incites a child to commit such an act, or involves a child in a such an act, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 1bis. If the child is under the age of 12 and if the offender engages in a sexual act with the child or causes the child to engage in a sexual act with another person or with an animal, a custodial sentence of between one and five years shall be imposed. 2. No penalty may be imposed if the difference in age between the persons involved does not exceed three years. 3. If the offender has not reached the age of 20 at the time of the act or the first of the acts, and if there are special circumstances, the responsible authority may dispense with prosecution, referral to court or the imposition of a penalty. 4. If the offender acts under the misconception that the child is 16 years of age or older, but they would not have made this error had th
Para. 1 — 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 — Inserted 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. 3 — 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, 10
2. Offences against sexual liberty and integrity.
Sexual acts with dependent persons
Art. 188
Any person who commits a sexual act by exploiting their relationship with a minor of at least 16 years of age who is dependent on them due to a relationship arising from the minor's education, care or employment or another form of dependent relationship, any person who encourages such a minor to commit a sexual act by exploiting such a relationship, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 188 — 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).
Sexual abuse and indecent assault
Art. 189
1 Any person who, against the will of another person, performs a sexual act on that person or has that person perform such an act on them or who exploits that person’s state of shock to that end shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who uses threats, force or psychological pressure on another person or makes that other person incapable of resistance in order to compel that person to carry out or tolerate a sexual act shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty. 3 If the offender acts with cruelty, and if in particular they make use of an offensive weapon or any other dangerous object, the penalty is a custodial sentence of not less than one year.
Art. 189 — 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).
Rape
Art. 190
1 Any person who, against the will of another person, has sexual intercourse with that person, commits an act with that person similar to sexual intercourse involving penetration of the body, or who has that person perform such an act or who exploits that person’s state of shock to that end shall be liable to a custodial sentence not exceeding five years. 2 Any person who forces another person to engage in or tolerate sexual intercourse or an act similar to sexual intercourse involving penetration of the body by using threats or violence, psychological pressure or by being made incapable of resistance shall be liable to a custodial sentence of from one to ten years. 3 If the offender in paragraph 2 acts with cruelty, and if they make use of an offensive weapon or any other dangerous object, the penalty shall be a custodial sentence of not less than three years.
Art. 190 — 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).
Abuse of persons incapable of proper judgement or
Art. 191
Any person who has sexual intercourse with or commits an act similar to sexual intercourse or any other sexual act with a person who is incapable of proper judgement or resistance shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Art. 191 — 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).
Art. 192
Repealed by No I 1 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, with effect from 1 July 2024 (AS 2024 27; BBl 2018 2827; 2022 687, 1011).
Exploitation of a person in a position of need or
Art. 193
Any person who induces another to commit or submit to a sexual act by exploiting a position of need or a dependent relationship based on employment or another dependent relationship shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 193 — 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).
Deception as to the sexual character of an act
Art. 193a
Any person who, in exercising a professional or organised extra-professional activity in the health sector, performs a sexual act on a person or has a person perform a sexual act on them and deceives them as to the nature of the act or exploits their misconception about the nature of the act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 193a — Inserted 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).
Indecent exposure
Art. 194
1 Any person who engages in an act of indecent exposure shall be liable on complaint to a fine. 2 In serious cases, a monetary penalty shall be imposed. The offence shall be prosecuted on complaint. 3 If the accused undergoes medical treatment as ordered by the competent authority, the criminal proceedings shall be discontinued.
Art. 194 — 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).
3. Exploitation of sexual acts
Encouraging prostitution
Art. 195
Any person who: a. induces a minor into prostitution or encourages a minor to engage in prostitution with the intention of securing a financial advantage b. induces a person into prostitution by exploiting that person’s dependency or with the intention of securing a financial advantage, c. restricts the freedom to act of a prostitute by supervising them in the course of their activities or by exercising control over the location, time, volume or other aspects of their work as a prostitute or, d. makes a person remain a prostitute against their will, shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty.
Art. 195 — 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).
Sexual acts with minors against payment
Art. 196
Any person who carries out sexual acts with a minor or induces a minor to carry out such acts and who makes or promises payment in return shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 196 — 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).
4. Pornography
Art. 197
1 Any person who offers, shows, passes on or makes accessible to a person under the age of 16 pornographic documents, sound or visual recordings, depictions or other items of a similar nature or pornographic performances, or broadcasts any of the same on radio or television shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any person who exhibits in public items or recordings as described in paragraph 1 above or shows or otherwise offers the same unsolicited to others shall be liable to a fine. Any person who, in advance, draws the attention of visitors to private exhibitions or performances to their pornographic character does not commit an offence. 3 Any person who recruits or causes a minor to participate in a pornographic performance shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 4 Any person who produces, imports, stores, markets, advertises, exhibits, offers, shows, passes on or makes access
Art. 197 — 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. 4 — 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. 5 — 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. 7 — Repealed b
5. Unauthorised passing on of private sexual conte
Art. 197a
1 Any person who passes on private sexual content, in particular documents, sound or visual recordings, depictions or other items or performances, without the consent of the person recognisable therein, shall on complaint be liable to a custodial sentence not exceeding one year or to a monetary penalty. 2 If the offender has published the content, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 197a — Inserted 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).
6. Contraventions against sexual integrity
Sexual harassment
Art. 198
1 Any person who causes offence by performing a sexual act in the presence of another who does not expect it, any person who sexually harasses another physically or through the use of indecent language, writings or images shall be liable on complaint to a fine. 2 The competent authority may require the person concerned to attend a course. If they complete the required course successfully, the proceedings shall be discontinued. 3 The competent authority shall decide on the procedural costs and on any claims made by the civil party.
Art. 198 — 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).
Unauthorised practice of prostitution
Art. 199
Any person who violates the cantonal regulations on the permitted locations or times at which prostitution may be practised or the manner in which it may be practised, or on the prevention of related public nuisance shall be liable to a fine.
7. Joint commission
Art. 200
Where any person commits an offence under this Title jointly with one or more others, the court shall increase the penalty imposed but may not exceed the standard maximum penalty for the offence by more than an additional half. The court, in imposing the penalty, is bound by the statutory maximum penalty for the type of offence in question.
Art. 200 — 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).
Art. 201–212
These repealed articles have (with the exception of Art. 211) been replaced by Articles 195, 196, 197, 198, 199 (see Commentary on Dispatch No 23; BBl 1985 II 1009). Art. 211 has been deleted without replacement.
Title Six: Felonies and Misdemeanours against the
Incest
Art. 213
1 Any person who has sexual intercourse with a blood relative in direct line or with a brother or sister, or a half-brother or half-sister shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Minors are not liable to any penalty provided they have been induced to commit the act. 3 …
Art. 213 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). Para. 3 — Repealed by No I of the FA of 5 Oct. 2001 (Limitation of Right to Prosecute in general and in cases of Sexual Offences against Children; AS 2002 2993; BBl 2000 2943).
Art. 214
Repealed by No I of the FA of 23 June 1989, with effect from 1 Oct. 2002 (AS 1989 2449; BBl 1985 II 1009).
Bigamy
Art. 215
Any person who marries or enters into a registered same-sex partnership when they are already married or living in a registered same-sex partnership, any person who marries or enters into a registered same-sex partnership with a person who is already married or living in a registered same-sex partnership, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 215 — Amended by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
Art. 216
Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009). Repealed by No I of the FA of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009).
Neglect of duty to support the family
Art. 217
1 Any person who fails to fulfil their family law duties to provide maintenance or support although they have or could have the means to do so, shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 The authorities and agencies appointed by the cantons also have the right to file a complaint. In exercising this right, they shall take account of the interests of the family.
Art. 217 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).
Art. 218
Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).
Neglect of duties of care, supervision or educatio
Art. 219
1 Any person who violates or neglects their duties of supervision and education towards a minor and thus endangers the minor's physical or mental development, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offence is committed through negligence, a monetary penalty shall be imposed.
Art. 219 — Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). Para. 2 — 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).
Abduction of minors
Art. 220
Any person who removes a minor from or refuses to return a minor to the person holding the right to decide on the minor's place of residence shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 220 — Amended by Annex No 4 of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077).
Title Seven: Felonies and Misdemeanours constituti
Arson
Art. 221
1 Any person who intentionally causes a fire and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence of not less than one year. 2 If the offender knowingly endangers the life and limb of others, the penalty is a custodial sentence of not less than three years. 3 If the damage caused is minor, the penalty may be reduced to a custodial sentence of up to three years or to a monetary penalty.
Negligent arson
Art. 222
1 Any person who causes a fire through negligence and thus does damage to another or causes a danger to the public shall be liable to a custodial sentence not exceeding one year or to a monetary penalty. 2 If the offender through negligence endangers the life and limb of others, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — 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).
Causing an explosion
Art. 223
1. Any person who intentionally causes an explosion involving gas, petrol, paraffin or a similar substance and thus knowingly endangers the life and limb or property of others shall be liable to a custodial sentence of not less than one year. If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed. 2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Causing danger through misuse of explosives and to
Art. 224
1 Any person who with felonious intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence of not less than one year. 2 If only an insignificant danger to property is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed.
Causing danger through misuse of explosives or tox
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. 225
1 Any person who intentionally but without felonious intent endangers the life and limb or the property of others through the use of explosives or toxic gases shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 225 — 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).
Manufacture, concealment and transport of explosiv
Art. 226
1 Any person who manufactures explosives or toxic gases that they know or must reasonably believe are intended to be used to commit a felony shall be liable to a custodial sentence of at least six months and no more than ten years. 2 Any person who procures, passes on to another, accepts from another, safeguards, conceals or transports explosives, toxic gases or substances suitable for their manufacture shall be liable, if they know or must reasonably believe that they are intended to be used to commit a felony, to a custodial sentence of from one month to five years or to a monetary penalty of not less than 30 daily penalty units. 3 Any person who instructs another person on how to manufacture explosives or toxic gases when they know or must reasonably believe that that person is planning to use the explosives or toxic gases to commit a felony shall be liable to a custodial sentence of from one month to five years or to a monetary penalty of not less than 30 daily penalty units.
Para. 1 — Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on 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 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Amended by No I 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).
Causing danger by means of nuclear energy, radioac
Art. 226bis
1 Any person who intentionally causes serious danger to the life or the health of people or to the property of others by means of nuclear energy, radio-active substances or ionising radiation shall be liable to a custodial sentence or a monetary penalty. 2 If the offence is committed through negligence, a custodial sentence not exceeding five years or a monetary penalty shall be imposed.
Art. 226bis — Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003 (AS 2004 4719; BBl 2001 2665). 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).
Preparatory offences
Art. 226ter
1 Any person who systematically carries out specific technical or organisational preparations for acts intended to cause danger to the life or the health of people or to the property of others by means of nuclear energy, radioactive substances or ionising radiation of substantial value shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 Any person who manufactures, procures, passes on to another, accepts from another, stores, conceals or transports radioactive substances, equipment, apparatus or articles that contain radioactive substances or may emit ionising radiation shall be liable, if they know or must reasonably believe that they are intended for unlawful use, to a custodial sentence not exceeding ten years or to a monetary penalty. 3 Any person who instructs another person on how to manufacture such substances, equipment, apparatus or articles shall be liable, if they know or must reasonably believe that they are intended for unlawful use
Art. 226ter — Inserted by Annex No II 2 of the Nuclear Energy Act of 21 March 2003 (AS 2004 4719; BBl 2001 2665). 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).
Causing a flood, collapse or landslide
Art. 227
1. Any person who intentionally causes a flood, the collapse of a structure or a landslide or rock fall and thus knowingly endangers the life and limb of people or the property of others shall be liable to a custodial sentence of not less than one year. If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed. 2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Criminal damage to electrical installations, and h
Art. 228
1. Any person who intentionally damages or destroys electrical installations, hydraulic structures such as dams, weirs, dikes, and floodgates, or structures erected to provide protection against natural forces such as landslides or avalanches, and thus knowingly endangers the life and limb of people or the property of others, shall be liable to a custodial sentence of not less than one year. If only minor loss, damage or injury is caused, a custodial sentence not exceeding three years or a monetary penalty may be imposed. 2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — 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).
Causing danger by breaching construction regulatio
Art. 229
1 Any person engaged in the management or execution of construction or demolition work who intentionally disregards the accepted rules of construction and as a result knowingly endangers the life and limb of others shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender disregards the accepted rules of construction through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — 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).
Removal or non-installation of safety devices
Art. 230
1. Any person who intentionally damages, destroys, removes, otherwise renders unusable or deactivates a safety device which serves to prevent accidents in a factory or other commercial premises or on a machine, any person who intentionally fails to install such a device in violation of the regulations, and thus knowingly endangers the life and limb of others, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — 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).
Title Eight: Felonies and Misdemeanours against Pu
Causing danger by means of genetically modified or
Art. 230bis
1 Any person who intentionally releases genetically modified or pathogenic organisms or the disrupts the operation of a facility for the research into, or the safeguarding, production or transport of such organisms shall be liable to a custodial sentence not exceeding ten years, provided they know or must reasonably believe that through their acts: a. they will endanger the life and limb of people; or b. the natural composition of communities of animals and plants or their habitats will be seriously endangered. 2 If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Art. 230bis — Inserted by Annex No 1 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391).
Transmission of human diseases
Art. 231
Any person who maliciously transmits a dangerous communicable human disease shall be liable to a custodial sentence of from one to five years.
Art. 231 — Amended by Art. 86 No 1 of the Epidemics Act of 28 Sept. 2012, in force since 1 Jan. 2016 (AS 2015 1435; BBl 2011 311).
Transmission of an epizootic disease
Art. 232
1. Any person who intentionally causes the transmission of an epizootic disease among domestic animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years. 2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Propagation of harmful parasites
Art. 233
1. Any person who intentionally propagates a parasite or micro-organism that constitutes a danger to agriculture or forestry, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender maliciously causes serious loss, damage or injury, the penalty is a custodial sentence of from one to five years. 2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Contamination of drinking water
Art. 234
1 Any person who intentionally contaminates drinking water intended for people or domestic animals with substances that are damaging to health shall be liable to a custodial sentence of from one month to five years or to a monetary penalty of not less than 30 daily penalty units. 2 If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — 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).
Production of harmful animal feed
Art. 235
1. Any person who intentionally produces or treats animal feed or feedstuffs for domestic animals in such a way that they constitute a danger to the health of animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender carries on a commercial operation to produce or treat animal feed that is harmful to animals, the penalty is a custodial sentence of from one month to three years or a monetary penalty of not less than 30 daily penalty units. In such cases, public notice shall be given of the conviction. 2. If the offence is committed through negligence, a monetary penalty shall be imposed. 3. The products shall be forfeited. They may be rendered harmless or destroyed.
Para. 1 — Second paragraph 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. 2 — 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).
Marketing of harmful animal feed
Art. 236
1 Any person who intentionally imports, stores, offers for sale or markets animal feed or animal feedstuffs that constitute a danger to animals shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. Public notice is given of the conviction. 2 If the offence is committed through negligence, a monetary penalty shall be imposed. 3 The products are forfeited. They may be rendered harmless or destroyed.
Para. 2 — 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).
Title Nine: Felonies and Misdemeanours against Pub
Disruption of public traffic
Art. 237
1. Any person who intentionally obstructs, disrupts or endangers public traffic, in particular traffic on the roads, on water, in the air or on rail and as a result knowingly causes danger to the life and limb or property of other people shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. If the offender thus knowingly endangers the life and limb of a large number of people, a custodial sentence not exceeding ten years or a monetary penalty shall be imposed. 2. If the offence is committed through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — 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. 238
Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Disruption of public services
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. 239
1. Any person who intentionally obstructs, disrupts or endangers the operation of a public service and in particular the railway, postal, telegraphic or telephone services, any person who intentionally obstructs, disrupts or endangers the operation of a public utility or installation which provides water, light, power or heat, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offence is committed through negligence, a custodial sentence not exceeding one year or a monetary penalty shall be imposed.
Para. 2 — 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).
Title Ten: Counterfeiting of Money, Official Stamp
Counterfeiting money
Art. 240
1 Any person who counterfeits coins, paper money or banknotes in order to pass these off as genuine shall be liable to a custodial sentence of not less than one year. 2 In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty shall be imposed. 3 The offender is also liable to the foregoing penalties if they committed the act while abroad, have entered Switzerland and are not being extradited, provided the act is also an offence at the place of commission.
Falsifying money
Art. 241
1 Any person who alters coins, paper money or bank notes in order to pass these off at a value higher than their true value shall be liable to a custodial sentence of at least six months and no more than five years. 2 In particularly minor cases, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Passing or tendering counterfeit money
Art. 242
1 Any person who passes or tenders counterfeit or falsified coins, paper money or bank notes as genuine money shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender or the person instructing or acting for the offender accepted the coins or banknotes on the understanding that they were genuine or not falsified, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Imitating bank notes, coins or official stamps wit
Art. 243
1 Any person who, without the intention of committing the offence of forgery, reproduces or imitates bank notes and thus creates the risk that persons or machines will confuse such notes with genuine notes, in particular if the overall appearance, one side or the greater part of one side of a bank note reproduces or imitates a material and a size that is identical or similar to the material and size of the original, any person who, without the intention of committing the offence of forgery, produces objects which in their appearance, weight and size are similar to coins in circulation, or which show the nominal value or other characteristics of coins which have been officially struck, and thus creates the risk that persons or machines will confuse such coins with coins which are in circulation, any person who, without the intention of committing the offence of forgery reproduces or imitates official stamps and thus creates the risk that such stamps will be confused with genuine stamps,
Art. 243 — Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258). Para. 1 — Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). Para. 2 — 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).
Importing, acquiring and storing counterfeit money
Art. 244
1 Any person who imports, acquires or stores counterfeit or falsified coins, paper money or bank notes in order to pass these off as genuine or non-falsified shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who imports, acquires or stores such money on a large scale shall be liable to a custodial sentence of from one to five years.
Para. 1 — Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).
Forgery of official stamps
Art. 245
1. Any person who forges or falsifies official stamps, and in particular postage stamps, revenue stamps or fee stamps, in order to pass these off as genuine or non-falsified, any person who gives cancelled official value stamps the appearance of being valid in order to pass them off as such, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. The offender is also liable to the foregoing penalties if they committed the act while abroad, have been arrested in Switzerland and are not being extradited, provided the act is also an offence at the place of commission. 2. Any person who passes off forged, falsified or cancelled official stamps as genuine, non-falsified or valid shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 245 — 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).
Forgery of official marks
Art. 246
Any person who forges or falsifies an official mark which the authorities affix to an object to confirm the result of an inspection or the granting of approval such as hallmarks, or marks stamped on goods by meat inspectors, marks stamped by the Federal Office for Customs and Border Security, with the intention of passing the mark off as genuine, any person who passes off such forged or falsified marks as genuine or non-falsified, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 246 — 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).
Counterfeiting equipment and unlawful use of equip
Art. 247
Any person who constructs or acquires equipment for the forgery or falsification of coins, paper money, bank notes or official stamps in order to make unlawful use of such equipment, any person who makes unlawful use of equipment which is used for the production of coins, paper money, bank notes or official stamps, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Falsifying weights and measures
Art. 248
Any person who, in order to deceive others in trade or commerce, attaches a false calibration mark to weights and measures, scales or other measuring instruments or falsifies an existing calibration mark, makes alterations to weights and measures, scales or other measuring instruments, or makes use of forged or falsified weights and measures, scales or other measuring instruments, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Forfeiture
Art. 249
1 Forged or falsified coins, paper money, banknotes, official stamps, official marks, weights and measures, scales or other measuring instruments as well as the counterfeiting equipment is forfeited and rendered unusable or destroyed. 2 Banknotes, coins or official stamps that have been reproduced, imitated or produced without the intent to commit forgery, but which create a risk of confusion, are also forfeited and rendered unusable or destroyed.
Art. 249 — Amended by Annex No 3 of the FA of 22 Dec. 1999 on Currency and Payment Instruments, in force since 1 May 2000 (AS 2000 1144; BBl 1999 7258).
Foreign currency and stamps
Art. 250
The provisions this Title also apply in the case of foreign coins, paper money, banknotes and stamps.
Title Eleven: Forgery
Forgery of a document
Art. 251
1. Any person who, with the intention of causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for themselves or another, produces a false document, falsifies a genuine document, uses the genuine signature or mark of another to produce a false document, falsely certifies or causes to be falsely certified a fact of legal significance or, makes use of a false or falsified document in order to deceive, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. …
Art. 251 — Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969). Para. 2 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Forgery of certificates
Art. 252
Any person who with the intention of furthering their own position or that of another, forges or falsifies identity documents, references, or certificates, uses such a document in order to deceive another, or uses a genuine document of this nature but which does not apply to them in order to deceive another, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 252 — Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
Obtaining a false certificate by fraud
Art. 253
Any person who by fraudulent means causes a public official or a person acting in an official capacity to certify an untrue fact of substantial legal significance, and in particular to certify a false signature or an incorrect copy as genuine, or any person who makes use of a document obtained by fraud in this way in order to deceive another as to the fact certified therein, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Suppression of documents
Art. 254
1 Any person who damages, destroys, conceals or misappropriates a document over which they have no exclusive right of disposal, with the intention of causing financial loss or damage to the rights of another or in order to obtain an unlawful advantage for themselves or another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 The suppression of documents to the detriment of a relative or family member is prosecuted only on complaint.
Official foreign documents
Art. 255
Articles 251–254 also apply to official foreign documents.
Moving of boundary markers
Art. 256
Any person who, with the intention of causing financial loss or damaging the rights of another or of obtaining an unlawful advantage for themselves or another, removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Removal of survey points and water level indicator
Art. 257
Any person who removes, moves, renders unrecognisable or falsely positions a public survey point or water level indicator shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Title Twelve: Felonies and Misdemeanours against P
Causing fear and alarm among the general public
Art. 258
Any person who causes fear and alarm among the general public by threatening or feigning a danger to life, limb or property shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 258 — Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
Public incitement to commit a felony or act of vio
Art. 259
1 Any person who publicly incites others to commit a misdemeanour that involves violence against other persons or property, or a felony shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 1bis Public incitement to commit genocide (Art. 264), where the intention is for the act to be carried out exclusively or partly in Switzerland, is also an offence if the incitement occurs outside Switzerland. 2 …
Art. 259 — Amended by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). Para. 1 — 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. 1bis — Inserted 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 International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863)
Rioting
Art. 260
1 Any person who takes part in a riotous assembly in public in the course of which acts of violence are committed against persons and property by the use of united force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Participants who remove themselves when officially ordered to do so are not held to have committed an offence if they have not used violence or encouraged others to do so.
Acts preparatory to the commission of an offence
Art. 260bis
1 Any person who, in accordance with a plan, carries out specific technical or organisational measures, the nature and extent of which indicate that the offender intends to commit any of the offences listed below shall be liable to a custodial sentence not exceeding five years or to a monetary penalty: a. intentional homicide (Art. 111); b. murder (Art. 112); c. serious assault (Art. 122); cbis. female genital mutilation (Art. 124); d. robbery (Art. 140); e. false imprisonment and abduction (Art. 183); f. hostage taking (Art. 185); fbis. enforced disappearance (Art. 185bis); g. arson (Art. 221); h. genocide (Art. 264); i. crimes against humanity (Art. 264a); j. war crimes (Art. 264c–264h). 2 If the offender, of their own volition, does not complete the preparatory act, they shall not be liable to any penalty. 3 It is also an offence for any person to carry out a preparatory act abroad, provided it was intended to commit the offences in Switzerland. Article 3 paragraph 2 applies.
Art. 260bis — Inserted by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). Para. 1 let. cbis — Inserted by No I of the FA of 30 Sept. 2011 in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677). Para. 1 let. fbis — Inserted 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 20
Criminal or terrorist organisation
Art. 260ter
1 Any person who: a. participates in an organisation which pursues the objective of: 1. committing violent felonies or securing a financial gain by felonious means, or 2. committing violent felonies aimed at intimidating the population or coercing a State or an international organisation to act or refrain from acting; or who b. supports such an organisation in its activities. shall be liable to a custodial sentence not exceeding ten years or to a monetary penalty. 2 Paragraph 1 letter b does not apply to humanitarian services provided by an impartial humanitarian organisation, such as the International Committee of the Red Cross, in accordance with the common Article 3 of the Geneva Conventions of 12 August 1949. 3 If the offender exercises a decisive influence within the organisation, a custodial sentence of not less than three years shall be imposed. 4 The court has the discretion to mitigate the penalty imposed (Art. 48a) if the offender makes an effort to foil the activities of the
Art. 260ter — Inserted by No I of the FA of 18 March 1994 (AS 1994 1614 1618; BBl 1993 III 277). 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). Para. 2 — SR 0.518.12, 0.518.23, 0.518.42, 0.518.51
Endangering public safety with weapons
Art. 260quater
Any person who sells, hires, gifts, hands over or procures firearms, weapons prohibited by law, essential components of weapons, weapons accessories, ammunition or components of ammunition, although they know or must reasonably believe that the weapons are intended to be used to commit a felony or misdemeanour shall be liable, provided their activities do not constitute a more serious offence, to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 260quater — Inserted by Art. 41 of the Weapons Act of 20 June 1997, in force since 1 Jan. 1999 (AS 1998 2535; BBl 1996 I 1053). New designation of criminal penalties in accordance with No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Financing terrorism
Art. 260quinquies
1 Any person who collects or provides funds with the intention of financing a violent crime that is intended to intimidate the public or to coerce a state or international organisation into carrying out or not carrying out an act shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the person merely acknowledges the possibility that the funds may be used to finance terrorism, they shall not be liable to a penalty under this Article. 3 The act does not constitute the financing of a terrorist offence if it is carried out with the intention of establishing or re-establishing a democratic regime or a state governed by the rule of law or with the intention of exercising or safeguarding human rights. 4 Paragraph 1 does not apply if the financing is intended to support acts that do not violate the rules of international law on the conduct of armed conflicts.
Art. 260quinquies — Inserted by No I 1 of the FA of 21 March 2003 (Financing of Terrorism), in force since 1 Oct. 2003 (AS 2003 3043 3047; BBl 2002 5390).
Recruiting, training and travelling with the inten
Art. 260sexies
1 Any person who, with the intention of committing a violent felony aimed at intimidating the population or coercing a State or an international organisation to act or refrain from acting: a. recruits another person to commit or participate in such an offence; b. accepts training or trains others in the manufacture or use of weapons, explosives, radioactive materials, poisonous gases or other devices or dangerous substances for the purpose of committing or participating in the commission of such an offence; or c. travels abroad with the intention of committing, participating in or training for such an offence shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 The same penalty shall apply to any person who collects or provides assets with the intention of financing a journey in accordance with paragraph 1 letter c, or any person who organises or recruits others to make such a journey. 3 Any person who carries out any of the foregoing acts outsid
Art. 260sexies — Inserted 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).
Attack on the freedom of faith and the freedom to
Art. 261
Any person who publicly and maliciously insults or mocks the religious convictions of others, and in particularly their belief in God, or maliciously desecrates objects of religious veneration, any person who maliciously prevents, disrupts or publicly mocks an act of worship, the conduct of which is guaranteed by the Constitution, or any person who maliciously desecrates a place or object that is intended for a religious ceremony or an act of worship the conduct of which is guaranteed by the Constitution, shall be liable to a monetary penalty.
Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Discrimination and incitement to hatred
Art. 261bis
Any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation, any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of that person or group of persons, any person who with the same objective organises, encourages or participates in propaganda campaigns, any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivialises or seeks justification for genocide or other crimes against humanity, any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin, religion or sexua
Art. 261bis — Inserted by Art. 1 of the FA of 18 June 1993 (AS 1994 2887; BBl 1992 III 269). Amended by No I 1 of the FA of 14 Dec. 2018 (Discrimination and Incitement to Hatred on the Grounds of Sexual Orientation), in force since 1 July 2020 (AS 2020 1609; BBl 2018 3773 5231).
Disturbing the peace of the dead
Art. 262
1. Any person who desecrates the resting place of a dead person, any person who maliciously disrupts or desecrates a funeral procession or funeral ceremony, any person who desecrates or publicly insults a dead body shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any person who removes a dead body or part of a dead body or the ashes of a dead person against the will of those entitled thereto shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Committing an offence while in a state of voluntar
Art. 263
1 Any person who is in a state of mental incapacity as a result of voluntarily induced intoxication through alcohol or drugs, and while in this state commits an act punishable as a felony or misdemeanour shall be liable to a monetary penalty. 2 If the offender has, in this self-induced state, committed an act for which the only penalty is a custodial sentence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed.
Para. 1 — Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721). Para. 2 — Amended by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Title Twelvebis: Genocide and Crimes against Human
Inserted by No I of the FA of 24 March 2000 (AS 2000 2725; BBl 1999 5327). 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 International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
Genocide
Art. 264
The penalty is a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a group of persons characterised by their nationality, race, religion or ethnic, social or political affiliation: a. kills members of such a group, or seriously harms them physically or mentally; b. inflicts living conditions on members of such a group that are calculated to bring about its total or partial destruction; c. orders or takes measures that are directed towards preventing births within such a group; or d. forcibly transfers children in such a group to another group or arranges for such children to be forcibly transferred to another group.
Crimes against humanity
a. Intentional homicide
b. Extermination
c. Enslavement
d. False imprisonment
e. Enforced disappearance of persons
f. Torture
g. Violation of sexual rights
h. Deportation or forcible transfer
i. Persecution and apartheid
j. Other inhumane acts
Art. 264a
1 The penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population: a. intentionally kills another person; b. intentionally kills a number of persons or intentionally inflicts conditions of life calculated to bring about the destruction of all or part of the population; c. assumes and exercises a right of ownership over a person, in particular in the form of trafficking in persons, sexual exploitation or forced labour; d. severely deprives a person of their liberty in violation of the fundamental rules of international law; e. and with the intention of removing a person from the protection of the law for a prolonged period of time: 1. on behalf of or with the acquiescence of a State or political organisation, deprives that person of their liberty, and thereafter refuses to give information on the person’s fate or whereabouts, or 2. on behalf of or with the acquiescence of a State or
Para. 1 let. g — 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).
Title Twelveter: War Crimes
Inserted 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 International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
1. Scope of application
Art. 264b
Articles 264d–264j apply in connection with international armed conflicts including occupations as well as, unless the nature the offences requires otherwise, in connection with non-international armed conflicts.
2. Serious violations of the Geneva Conventions
Art. 264c
1 The penalty is a custodial sentence of not less than five years for any person who commits a serious violation of the Geneva Conventions of 12 August 1949 in connection with an international armed conflict by carrying out any of the following acts against persons or property protected under the Conventions: a. intentional homicide; b. hostage taking; c. causing severe pain or suffering or serious injury, whether physical or mental, in particular by torture, inhuman treatment or biological experiments; d. extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly; e. compelling a person to serve in the forces of a hostile power; f. unlawful deportation or transfer or unlawful confinement; g. denying the right to a fair and regular trial before the imposition or execution of a severe penalty. 2 Acts in terms of paragraph 1 committed in connection with a non-international armed conflict are equivalent to serious violat
Para. 1 — Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (GA I), SR 0.518.12; Geneva Convention of 12 Aug. 1949 for the Amelioration of the Condition of the Wounded and Sick and Shipwrecked Members of Armed Forces at Sea (GA II), SR 0.518.23; Geneva Convention of 12 Aug. 1949 relative to the Treatment of Prisoners of War (GA III), SR 0.518.42; Geneva Convention of 12 Aug. 1949 relative to the Protection of Civilian Per
3. Other war crimes
a. Attacks on civilians and civilian objects
Art. 264d
1 The penalty is a custodial sentence of not less than three years for any person who in connection with an armed conflict directs an attack: a. against the civilian population as such or against individual civilians not taking direct part in hostilities; b. against personnel, installations, material or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations of 26 June 1945, as long as they are entitled to the protection of international humanitarian law; c. against civilian objects, undefended settlements or buildings or demilitarised zones that are not military objectives; d. against medical units, material or vehicles using a distinctive emblem under international humanitarian law or whose protected character is recognisable even without a distinctive emblem, hospitals and places where the sick and wounded are collected; e. against cultural property or persons entrusted with its protection or vehicles for its transp
Para. 1 let. b — SR 0.120
b. Unjustified medical treatment, violation of sex
Art. 264e
1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict: a. causes severe pain or suffering or serious injury or danger, whether physical or mental, to a person protected by international humanitarian law by subjecting that person to a medical procedure that is not justified by the person’s state of health and which does comply with generally recognised medical principles; b. commits rape in accordance with Article 190 paragraph 2 or 3 or an indecent assault in accordance with Article 189 paragraph 2 or 3 of comparable severity on a person protected by international humanitarian law, abuses that person by committing a sexual act of comparable severity, or forces that person into prostitution or to be sterilised or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population; c. subjects a person protected by international humanitarian law to esp
Para. 1 let. b — 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).
c. Recruiting and using child soldiers
Art. 264f
1 The penalty is a custodial sentence of not less than three years for any person who enlists a child under the age of fifteen into armed forces or groups or recruits them for this purpose or uses them to participate in armed conflicts. 2 In especially serious cases, and in particular where the offence affects a number of children or the offender acts in a cruel manner, a custodial sentence of life may be imposed 3 In less serious cases, a custodial sentence of not less than one year may be imposed.
d. Prohibited methods of warfare
Art. 264g
1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict: a. launches an attack although they know or must reasonably believe that such an attack will cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; b. uses a person protected by international humanitarian law as a human shield in order to influence military operations; c. as a method of warfare, pillages or otherwise unlawfully appropriates property or destroys or seizes enemy property in a way not imperatively demanded by the necessities of war, deprives civilians of objects indispensable to their survival or impedes relief supplies; d. kills or wounds an enemy combatant treacherously or after the enemy has laid down their arms or no longer has a means of defence; e.
e. Using prohibited weapons
Art. 264h
1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict: a. employs poison or poisoned weapons; b. employs biological or chemical weapons, including poisonous or asphyxiating gases, substances and liquids; c. employs bullets which expand or flatten easily or explode in the human body; d. employs weapons primarily designed to cause injury through splinters that cannot be detected by x-ray equipment; e. employs laser weapons primarily designed to cause permanent blindness. 2 In especially serious cases, a custodial sentence of life may be imposed
4. Violation of a ceasefire or peace agreement. Of
Art. 264i
The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who: a. continues military operations after receiving official notification of an agreement on a ceasefire or a peace agreement, or violates the conditions of the ceasefire in some other way; b. abuses, insults or without reason obstructs an opposing peace negotiator or any of the negotiator’s party; c. without justification delays the repatriation of prisoners of war after conclusion of military operations.
5. Other violations of international humanitarian
Art. 264j
The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who in connection with an armed conflict violates a provision of international humanitarian law other than those mentioned in Articles 264c–264i, where such a violation is declared to be an offence under customary international law or an international treaty recognised as binding by Switzerland.
Title Twelvequater: Common Provisions for Title Tw
Inserted 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 International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).
Criminal liability of superiors
Art. 264k
1 A superior who is aware that a subordinate is carrying out or will carry out an act under the Title Twelvebis or Title Twelveter and who fails to take appropriate measures to prevent the act shall be liable to the same penalty as the perpetrator of the act. If the superior fails to prevent the act through negligence, a custodial sentence not exceeding three years or a monetary penalty shall be imposed. 2 A superior who is aware that a subordinate has carried out an act under Title Twelvebis or Title Twelveter and who fails to take appropriate measures to ensure the prosecution of the perpetrator of the act shall be liable to a custodial sentence not exceeding three years or a monetary penalty.
Acting on orders
Art. 264l
A subordinate who, on orders from a superior or on orders of equivalent binding effect, carries out an act under Title Twelvebis or Title Twelveter shall be guilty of an offence if they were aware at the time that the act is an offence.
Acts carried out abroad
Art. 264m
1 A person who carries out an act under Title Twelvebis, Title Twelveter or Article 264k while abroad is guilty of an offence if they are in Switzerland and are not extradited to another State or delivered to an international criminal court whose jurisdiction is recognised by Switzerland. 2 Where the victim of the act carried out abroad is not Swiss and the perpetrator is not Swiss, the prosecution, with the exception of measures to secure evidence, may be abandoned or may be dispensed with provided: a. a foreign authority or an international criminal court whose jurisdiction is recognised by Switzerland is prosecuting the offence and the suspected perpetrator is extradited or delivered to the court; or b. the suspected perpetrator is no longer in Switzerland and is not expected to return there. 3 Article 7 paragraphs 4 and 5 applies unless the acquittal, or the remission or application of time limits for the execution of the sentence abroad has the aim of protecting the offender from
Exclusion of relative immunity
Art. 264n
The prosecution offences under Title Twelvebis, Title Twelveter and under Article 264k does not require authorisation in accordance with any of the following provisions: a. Article 7 paragraph 2 letter b of the Criminal Procedure Code; b. Article 14 and 15 of the Government Liability Act of 14 March 1958; c. Article 17 of the Parliament Act of 13 December 2002; d. Article 61a of the Government and Administration Organisation Act of 21 March 1997; e. Article 11 of the Federal Supreme Court Act of 17 June 2005; f. Article 12 of the Federal Administrative Court Act of 17 June 2005; g. Article 16 of the Patent Court Act of 20. March 2009; h. Article 50 of the Criminal Justice Authorities Act of 19 March 2010.
let. a — SR 312.0 let. b — SR 170.32 let. c — SR 171.10 let. d — SR 172.010 let. e — SR 173.110 let. f — SR 173.32 let. g — SR 173.41 let. h — SR 173.71
Title Thirteen: Felonies and Misdemeanours against
1. Felonies and misdemeanours against the state
High treason
Art. 265
Any person who carries out an act with the aim, through the use of violence, of changing the constitution of the Confederation or of a canton, of deposing the constitutionally appointed state authorities or rendering them unable to exercise their powers, or of severing an area of Swiss territory from the Confederation or a part of cantonal territory from a canton, shall be liable to a custodial sentence of not less than one year.
SR 101 SR 131.211/.235 Term in accordance with No II 1 para. 11 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.
Attacks on the independence of the Confederation
Art. 266
1. Any person who carries out an act with the aim of violating or endangering the independence of the Confederation or endangering the independence of the Confederation by bringing about the interference of a foreign power in federal affairs, shall be liable to a custodial sentence of not less than one year. 2. Any person who enters into a relationship with the government of a foreign state or its agents with the aim of bringing about a war against the Confederation shall be liable to a custodial sentence of not less than three years. In serious cases a life sentence may be imposed.
Para. 2 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).
Foreign operations and activities directed against
Art. 266bis
1 Any person who, with the intention of bringing about or supporting foreign operations or activities directed against the security of Switzerland, contacts a foreign state, foreign parties, or other foreign organisations or their agents, or issues or disseminates false or distorted information shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 In serious cases, a custodial sentence of not less than one year shall be imposed.
Art. 266bis — Inserted by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 I 1249). Para. 2 — 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).
Diplomatic treason
Art. 267
1. Any person who intentionally makes known or makes accessible to a foreign state or its agents or to the general public a secret, the preservation of which is necessary in the interests of the Confederation, any person who falsifies, destroys, disposes of or steals documents or evidence relating to legal relations between the Confederation or a canton and a foreign state and thus intentionally endangers the interests of the Confederation or the canton, or any person who, as the authorised representative of the Confederation, conducts negotiations with a foreign government which are intended to be detrimental to the Confederation, shall be liable to a custodial sentence of not less than one year. 2. Any person who intentionally makes known or makes accessible to the general public a secret, the preservation of which is necessary in the interests of the Confederation shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 3. If the offence is committe
Para. 1 — Amended by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525). Para. 2 — Inserted by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525). Para. 3 — Originally No 2.
Moving of national boundary markers
Art. 268
Any person who removes, moves, renders unrecognisable, falsely positions or falsifies a boundary stone or other boundary marker which serves to indicate a national, cantonal or communal boundary shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Violation of Swiss territorial sovereignty
Art. 269
Any person forcibly enters Swiss territory in violation of international law shall be liable to a custodial sentence or to a monetary penalty.
Attacks on Swiss national emblems
Art. 270
Any person who maliciously removes, damages or acts in an insulting manner towards a Swiss national emblem which is displayed by a public authority, and in particular the coat of arms or the flag of the Confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Unlawful activities on behalf of a foreign state
Art. 271
1. Any person who carries out activities on behalf of a foreign state on Swiss territory without lawful authority, where such activities are the responsibility of a public authority or public official, any person who carries out such activities for a foreign party or organisation, any person who facilitates such activities, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year. 2. Any person who abducts another by using violence, false pretences or threats and takes that other person abroad in order to hand them over to a foreign authority, party or other organisation or to expose them to a danger to life or limb shall be liable to a custodial sentence of not less than one year. 3. Any person who makes preparations for such an abduction shall be liable to a custodial sentence or to a monetary penalty.
Art. 271 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). Para. 1 — Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
2. Espionage
Political espionage
Art. 272
1. Any person who provides political intelligence-gathering services or organises such services in the interest of a foreign state, a foreign party or any other foreign organisation, to the detriment of Switzerland or its citizens, inhabitants or organisations, any person who recruits others for or facilitates such services, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. In serious cases, the penalty is a custodial sentence of not less than one year. A serious case is constituted, in particular, where the offender incites activities or makes false reports such that the internal or external security of the Confederation is threatened.
Art. 272 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).
Industrial espionage
Art. 273
Any person who seeks to obtain a manufacturing or trade secret in order to make it available to an external official agency, a foreign organisation, a private enterprise, or the agents of any of these, or, any person who makes a manufacturing or trade secret available to a foreign official agency, a foreign organisation, a private enterprise, or the agents of any of these, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty, or in serious cases to a custodial sentence of not less than one year.
Third paragraph 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).
Military espionage
Art. 274
1. Any person who conducts or organises military intelligence-gathering services on behalf of a foreign state and to the detriment of Switzerland, any person who recruits others to conduct or facilitates such services, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. In serious cases, a custodial sentence of not less than one year shall be imposed. 2. Any correspondence and materials shall be confiscated.
Art. 274 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). Para. 1 — Fourth paragraph 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).
3. Endangering the constitutional order
Attacks on the constitutional order
Art. 275
Any person who carries out an act which is intended to disrupt or alter the constitutional order of the Confederation or the cantons in an unlawful manner shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 275 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). SR 101 SR 131.211/.235
Art. 275bis and 275ter
Inserted by No I of the FA of 5 Oct 1950 (AS 1951 1; BBl 1949 I 1249). Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
4. Disruption of military security
Incitement and inducement to violate military duti
Art. 276
1. Any person who publicly incites others to disobey military orders, to violate military duties, to refuse to perform military service or to desert, and any person who induces a person obliged to perform military service to carry out such an act, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Where the incitement or inducement relates to mutiny or the preparation for mutiny, a custodial sentence or a monetary penalty shall be imposed.
Forgery of military orders or instructions
Art. 277
1. Any person who intentionally forges, falsifies, suppresses or removes a call-up order, mobilisation order or marching order, or instructions intended for those obliged to perform military service, and any person who makes use of such a forged or falsified order or instruction, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offence is committed through negligence, a monetary penalty shall be imposed.
Art. 277 — 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).
Disruption of military service
Art. 278
Any person who prevents a member of the armed forces from carrying out their military service or obstructs them in the course of their service shall be liable to a monetary penalty.
Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Title Fourteen: Misdemeanours against the Will of
Disruption and obstruction of elections and votes
Art. 279
Any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts a meeting, election or vote organised under the terms of the constitution or the law, and any person who by the use of violence or the threat of seriously detrimental consequences obstructs or disrupts the collection of signatures for or the handing-over of a petition requesting a referendum or initiative, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Attacks on the right to vote
Art. 280
Any person who by the use of violence or the threat of seriously detrimental consequences prevents a voter from exercising their right to vote or to sign a petition requesting a referendum or initiative, and any person who by the use of violence or the threat of seriously detrimental consequences coerces a voter into exercising their right to vote or into voting in a particular way, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Corrupt electoral practices
Art. 281
Any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for voting in a particular way, or in return for signing or refusing to sign a request for a referendum or an initiative, any person who offers, promises, or gives a voter or arranges for a voter to be given a gift or other advantage in return for not participating in an election or vote, and any person who as a voter secures the promise of or arranges for themselves to be given such an advantage, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Electoral fraud
Art. 282
1. Any person who forges, falsifies, removes or destroys an electoral register, any person who participates in an election or a vote, or signs a request for a referendum or an initiative without authority, and any person who falsifies the results of an election or vote or a petition requesting a referendum or initiative, in particular by adding, altering, omitting, deleting ballot papers or signatures, counting them incorrectly or incorrectly certifying the result, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender acts in official capacity, a custodial sentence of from one month to three years or a monetary penalty of not less than 30 daily penalty units shall be imposed.
Para. 2 — 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).
Vote catching
Art. 282bis
Any person who systematically collects, completes or alters ballot papers, or distributes ballot papers which have been completed or altered in this way shall be liable to a fine.
Art. 282bis — Inserted by Art. 88 No I of the FA of 17 Dec. 1976 on Political Rights, in force since 1 July 1978 (AS 1978 688; BBl 1975 I 1317).
Breach of voting secrecy
Art. 283
Any person who obtains knowledge by unlawful means of how individuals have voted shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 284
Repealed by No I of the FA of 18 March 1971, with effect from 1 July 1971 (AS 1971 777; BBl 1965 I 561).
Title Fifteen: Offences against Official Powers
Violence and threats against public authorities an
Art. 285
1. Any person who by the use of violence or threats prevents an authority, one of its members or a public official from carrying out an official act, or coerces them to carry out such an act, or attacks them while they are carrying out such an act shall be liable to a custodial sentence not exceeding three years. In minor cases, a monetary penalty may be imposed. Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957, the Passenger Transport Act of 20 March 2009 and the Goods Transport Act of 19 December 2008, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010 on the Security Units of Public Transport Companies. 2. If the offence is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years. In minor cases, a monetary penalty may be imposed. Any participant who uses violence against per
Para. 1 — 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 — SR 742.101 Para. 1 — SR 745.1 Para. 1 — [AS 2009 5597, 6019; 2012 5619 No I 5; 2013 1603. AS 2016 1845 Annex No I 1]. See now: the FA of 25 Sept. 2015 (SR 742.41). Para. 1 — SR 745.2 Para. 1 — Second paragraph amended by Art. 11 para. 2 of the FA of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct
Prevention of an official act
Art. 286
Any person who prevents a public authority, one of its members or a public official from carrying out an act which is one of their official duties shall be liable to a monetary penalty not exceeding 30 daily penalty units. Public officials also include employees of undertakings in terms of the Railways Act of 20 December 1957, the Passenger Transport Act of 20 March 2009 and the Goods Transport Act of 19 December 2008, as well as employees of organisations operating with a licence from the Federal Office of Transport under the Federal Act of 18 June 2010 on the Security Units of Public Transport Companies.
Art. 286 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249). SR 742.101 SR 745.1 [AS 2009 5597, 6019; 2012 5619 No I 5; 2013 1603. AS 2016 1845 Annex No I 1]. See now: the FA of 25 Sept. 2015 (SR 742.41). SR 745.2 Amended by Art. 11 para. 2 of the FA of 18 June 2010 on the Security Units of Public Transport Companies, in force since 1 Oct. 2011 (AS 2011 3961; BBl 2010 891 915).
Usurpation office
Art. 287
Any person who with unlawful intention usurps the exercise of an official function or military command shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 288
Repealed by No I 1 of the FA of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497).
Removal of seized property
Art. 289
Any person who removes from official control an item of property which has been officially seized shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Breaking the seals
Art. 290
Any person who breaks open, removes or renders ineffective an official mark and in particular an official seal which is used to close or identify an object shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Breach of an expulsion order or a contact prohibit
Art. 291
1 Any person who breaches an order issued by a competent authority to expel them from the territory of the Swiss Confederation or a canton shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The duration the sentence is not taken into account in determining the length of the period of expulsion.
Contempt official orders
Art. 292
Any person who fails to comply with an official order that has been issued to them by a competent authority or public official under the threat of the criminal penalty for non-compliance in terms of this Article shall be liable to a fine.
Publication of secret official proceedings
Art. 293
1 Any person who publishes information from the files, proceedings or official investigations of a public authority which have been declared secret by that authority by law or by a lawful order issued by the authority shall be liable to a fine. 2 Complicity is also a criminal offence. 3 The act does not carry a penalty unless publication is contrary to an overriding public or private interest.
Para. 1 — Amended by No I of the FA of 16 June 2017 (Publication of Official Secret Proceedings), in force since 1 March 2018 (AS 2018 567; BBl 2016 7329 7575). Para. 3 — Inserted by No I of the FA of 10 Oct. 1997 (AS 1998 852; BBl 1996 IV 525). Amended by No I of the FA of 16 June 2017 (Publication of Official Secret Proceedings), in force since 1 March 2018 (AS 2018 567; BBl 2016 7329 7575).
Breach of an activity prohibition order or a conta
Art. 294
1 Any person who carries on an activity that they are prohibited from carrying on by a prohibition order under Article 67 hereof, Article 50 of the Military Criminal Code of 13 June 1927 (MCC) or Article 16a JCLA shall be liable to a custodial sentence not exceeding one year or monetary penalty. 2 Any person who contacts or approaches one or more specific persons or persons in a specific group or who is present in a specific location when they are prohibited from so doing or being by a contact prohibition and exclusion order under Article 67b hereof, Article 50b MCC or Article 16a JCLA shall be liable to a custodial sentence not exceeding one year or monetary penalty.
Art. 294 — 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 — SR 321.0 Para. 1 — SR 311.1
Failure to comply with probation assistance or ins
Art. 295
Any person who fails to comply with probation assistance ordered by the court or the executive authority or with instructions issued by the court or the executive authority shall be liable to a fine.
Art. 295 — 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).
Title Sixteen: Offences Detrimental to Foreign Rel
Insulting a foreign state
Art. 296
Any person who publicly insults a foreign state in the person of its head of state, the members of its government, its diplomatic representatives, its official delegates to a diplomatic conference taking place in Switzerland, or one of its official representatives to an international organisation or department thereof based or sitting in Switzerland shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 296 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).
Insulting an international organisation
Art. 297
Any person who publicly insults an international organisation or department thereof based or sitting in Switzerland in the person of one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 297 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 1949 1 1249).
Attacks on the national emblems of a foreign state
Art. 298
Any person who maliciously removes, damages or conducts themselves in an insulting manner towards a national emblem of a foreign state, and in particular its coat of arms or flag which is publicly displayed by one of its official representatives shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Violation of foreign territorial sovereignty
Art. 299
1. Any person who violates the territorial sovereignty of a foreign state, in particular by conducting official activities without authorisation on foreign territory, any person who enters foreign territory in breach of international law, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any person who attempts from within Swiss territory to disrupt the political order of a foreign state through the use of force shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Hostility towards a country at war or foreign troo
Art. 300
Any person who from neutral Swiss territory acts in a hostile manner towards or supports hostile acts against a country at war, any person who acts in a hostile manner towards foreign troops who have been admitted to Switzerland, shall be liable to a custodial sentence or to a monetary penalty.
Military espionage against a foreign state
Art. 301
1. Any person who conducts or organises the conduct of military intelligence gathering services on Swiss territory for a foreign state against another foreign state, and any person who recruits persons for or facilitates such services, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. Any correspondence and other materials shall be forfeited.
Prosecution
Art. 302
1 Felonies and misdemeanours under this Title are only prosecuted on the authority of the Federal Council. 2 The Federal Council shall order a prosecution only if a request to do so is received from the government of the foreign state in the case of Article 296 or from a governing officer of the international organisation in the case of Article 297. In times of active service, the Federal Council may also order a prosecution in the absence of a request. 3 In the case of Articles 296 and 297, the right to prosecute is subject to a limitation period of two years.
Art. 302 — Amended by No I of the FA of 5 Oct. 1950, in force since 5 Jan. 1951 (AS 1951 1 16; BBl 19491 1249). Para. 3 — Amended by No I of the FA of 22 March 2002 (Limitation of the Right to Prosecute), in force since 1 Oct. 2002 (AS 2002 2986 2988; BBl 2002 2673 1649).
Title Seventeen: Felonies and Misdemeanours agains
False accusation
Art. 303
1. Any person who makes an accusation to the authorities that a person whom they know to be innocent has committed a felony or a misdemeanour, with the intention of causing a criminal prosecution to be brought against that person, any person who otherwise carries out mendacious acts with the intention of causing a criminal prosecution to be brought against a person whom they know to be innocent, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the false accusation relates to a contravention, a custodial sentence not exceeding one year or a monetary penalty shall be imposed.
Art. 303 — 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).
Misleading the judicial authorities
Art. 304
1. Any person who reports the commission of a criminal offence to the judicial authorities which they know has not been committed, any person who falsely reports to the judicial authorities that they have themselves committed an offence, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. …
Para. 2 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Assisting offenders
Art. 305
1 Any person who assists another to evade prosecution, the execution of a sentence, or the execution of any of the measures provided for in Articles 59–61, 63 and 64 shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 1bis Any person who assists a person who is being prosecuted or has been convicted outside Switzerland in respect of a felony in accordance with Article 101 to evade prosecution or the execution of a custodial sentence or a measure within the meaning of Articles 59–61, 63 or 64 in that place shall be liable to the same penalties as in paragraph 1. 2 If the person assists a relative or another person to whom they are so closely related that their conduct is excusable, they shall not be liable to any penalty.
Para. 1 — Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). Para. 1bis — Inserted by No I of the FA of 9 Oct. 1981, in force since 1 Oct. 1982 (AS 1982 1530 1534; BBl 1980 I 1241). Para. 2 — 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).
Money laundering
Art. 305bis
1. Any person who carries out an act that is aimed at frustrating the identification of the origin, the tracing or the forfeiture of assets which they know or must reasonably believe originate from a felony or aggravated tax misdemeanour shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 1bis. An aggravated tax misdemeanour is any of the offences set out in Article 186 of the Federal Act of 14 December 1990 on Direct Federal Taxation and Article 59 paragraph 1 clause one of the Federal Act of 14 December 1990 on the Harmonisation of Direct Federal Taxation at Cantonal and Communal Levels, if the tax evaded in any tax period exceeds 300 000 francs. 2. In serious cases, the penalty is a custodial sentence not exceeding five years or a monetary penalty. A serious case is constituted, in particular, where the offender: a. acts as a member of a criminal or terrorist organisation; b. acts as a member of a group that has been formed for the purpose of
Art. 305bis — Inserted by No I of the FA of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061). Para. 1 — Amended by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in force since 1 Jan. 2016 (AS 2015 1389; BBl 2014 605). Para. 1 — SR 642.11 Para. 1 — SR 642.14 Para. 1 — Inserted by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations o
Insufficient diligence in financial transactions a
Amended by No I of the FA of 18 March 1994, in force since 1 Aug. 1994 (AS 1994 1614 1618; BBl 1993 III 277).
Art. 305ter
1 Any person who as part of their profession accepts, holds on deposit, or assists in investing or transferring outside assets and fails to ascertain the identity of the beneficial owner of the assets with the care that is required in the circumstances shall be liable to a custodial sentence not exceeding one year or to a monetary penalty. 2 The persons included in paragraph 1 above are entitled to report to the Money Laundering Reporting Office in the Federal Office of Police any observations that indicate that assets originate from a felony or an aggravated tax misdemeanour in terms of Article 305bis number 1bis.
Art. 305ter — Inserted by No I of the FA of 23 March 1990, in force since 1 Aug. 1990 (AS 1990 1077 1078; BBl 1989 II 1061). Para. 1 — Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). Para. 2 — Inserted by No I of the FA of 18 March 1994 (AS 1994 1614; BBl 1993 III 277). Amended by No I 4 of the FA of 12 Dec. 2014 on the Implementation of the 2012 Revision of the Recommendations of the Financial Action Task Force, in
Perjury by a party to civil proceedings
Art. 306
1 Any person who is a party to civil proceedings and, following an express caution by the judge that they must tell the truth and notification of the penalties for failure to do so, gives false evidence in relation to the case shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 … 3 If the false statement relates to matters that are irrelevant to the judicial decision, the penalty is a monetary penalty.
Para. 2 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Inserted 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).
Perjury. Perjury by an expert witness. False trans
Art. 307
1 Any person who appears in judicial proceedings as a witness, expert witness, translator or interpreter and gives false evidence or provides a false report, a false expert opinion or a false translation in relation to the case shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 … 3 If the false statement relates to matters that are irrelevant to the court’s decision, a monetary penalty shall be imposed.
Para. 2 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827). Para. 3 — Inserted 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).
Mitigation of the sentence and exempted acts
Art. 308
1 If the offender corrects a false accusation (Art. 303), false report of an offence (Art. 304) or a false statement (Art. 306 and 307) of their own accord and before it has caused any legal detriment to others, the court may reduce the sentence (Art. 48a) or waive a penalty. 2 The offender shall not be liable to a penalty if they have made a false statement (Art. 306 and 307) because: a. by testifying truthfully, they would risk prosecution; or b. by testifying truthfully, a relative or another person to whom they are so closely related that their conduct is excusable would risk prosecution.
Art. 308 — 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).
Administrative cases and proceedings before intern
Art. 309
Articles 306–308 also apply to: a. the administrative court proceedings, arbitration proceedings and proceedings before public authorities and public officials who are entitled to examine witnesses; b. proceedings before international courts where Switzerland recognises their mandatory jurisdiction.
Art. 309 — Amended by No I 1 of the FA of 22 June 2001 (Offences against the Administration of Justice before International Courts), in force since 1 July 2002 (AS 2002 1491 1492; BBl 2001 391).
Assisting prisoners to escape
Art. 310
1. Any person who by using force, threats or false pretences, frees or assists in the escape of a person under arrest, a convicted prisoner or a person committed to an institution by official order shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the act is committed by a mob, any person who participates in the mob shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. Any participants who commit acts of violence against persons or property shall be liable to a custodial sentence of from three months to three years or to a monetary penalty of not less than 90 daily penalty units.
Para. 2 — Second paragraph 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).
Prison mutiny
Art. 311
1. Convicted prisoners or other persons who have been committed to an institution by official order who form a riotous assembly with the common intent to attack the officers of the institution or other persons entrusted with their supervision, to coerce these persons by force or the threat of force to carry out acts or abstain from carrying out acts, or to break out of the institution by using force, are liable to a custodial sentence of from one month to three years or to a monetary penalty of not less than 30 daily penalty units. 2. Any participant who commits acts of violence against persons or property shall be liable to a custodial sentence of from three months to five years or to a monetary penalty of not less than 90 daily penalty units.
Para. 1 — 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. 2 — 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).
Title Eighteen: Offences against Official or Profe
Abuse of public office
Art. 312
Any member of an authority or a public official who abuses their official powers in order to secure an unlawful advantage for themselves or another or to cause prejudice to another shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Overcharging of taxes
Art. 313
Any public official who, with the intention of securing a gain for themselves or another, levies taxes, fees or other charges which are not due or which exceed the statutory rates shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 313 — 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).
Misconduct in public office
Art. 314
Any member of an authority or public official who, in the course of a legal transaction and, with the intention of obtaining an unlawful advantage for themselves or another, damages the public interests that they have a duty to safeguard shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Art. 314 — 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. 315–316
Repealed by No I 1 of the FA of 22 Dec. 1999, with effect from 1 May 2000 (Revision of the Criminal Law on Corruption; AS 2000 1121; BBl 1999 5497).
Forgery of a document by a public official
Art. 317
1. Any public official or person acting in an official capacity who intentionally forges or falsifies a document or uses the genuine signature or handwriting of another to produce a false document, any public official or person acting in an official capacity who intentionally falsely certifies a fact of legal significance, and in particular falsely certifies the authenticity of a signature or handwriting or the accuracy of a copy, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offence is committed through negligence, a monetary penalty shall be imposed.
Art. 317 — Amended by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969). Para. 2 — 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).
Exempted acts
Art. 317bis
1 Any person who, as part of a covert investigation, produces, amends or uses documents with the approval of a court in order to construct or maintain their cover story or produces, amends or uses documents with the authorisation of the Federal Intelligence Service (FIS) under Article 17 IntelSA or the authorisation of the Head of the Federal Department of Defence, Civil Protection and Sport (DDPS) in accordance with Article 18 IntelSA in order to create or maintain their cover story or assumed identity does not commit an offence under Articles 251, 252, 255 and 317. 2 Any person who, with authorisation for a covert investigation or as instructed by the competent authority under Article 17 or 18 IntelSA, produces or amends official documents for the purposes of cover stories or assumed identities does not commit an offence under Articles 251, 252, 255 and 317. 3 Any person who produces, amends or uses official documents under the Federal Act of 23 December 2011 on Extra-Procedural Witn
Art. 317bis — Inserted by Art. 24 No 1 of the FA of 20 June 2003 on Covert Investigations, in force since 1 Jan. 2005 (AS 2004 1409; BBl 1998 4241). Amended by Annex No 3 of the FA of 23 Dec. 2011, in force since 16 July 2012 (AS 2012 3745; BBl 2007 5037, 2010 7841). Para. 1 — SR 121 Para. 1 — 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
Issuing a false medical certificate
Art. 318
1. Any doctor, dentist, veterinary surgeon or midwife who intentionally issues a certificate, the content of which is untrue, for the purpose of being produced to the authorities or to obtain an unlawful advantage, or which may prejudice the substantial and lawful interests of third parties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender has requested, accepted or secured the promise of recompense, a custodial sentence not exceeding five years or to monetary penalty shall be imposed. 2. …
Para. 1 — Second paragraph 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. 2 — Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Assistance by a public official in the escape of p
Art. 319
Any public official who assists or allows a person under arrest, a convicted prisoner or a person committed to an institution by official order to escape shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Breach of official secrecy
Art. 320
1. Any person who discloses secret information that has been confided to them in their capacity as a member of an authority or as a public official or which has come to their knowledge in the execution of their official duties or as an auxiliary to a public official or an authority shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. A breach of official secrecy remains an offence following termination of employment as a member of an authority or as a public official or of the auxiliary activity. 2. The offender is not liable to any penalty if they have disclosed the secret information with the written consent of their superior authority.
Art. 320 — Amended by Annex 1 No 7 of the Information Security Act of 18 Dec. 2020, in force since 1 Jan. 2023 (AS 2022 232, 750; BBl 2017 2953).
Breach of professional confidentiality
Art. 321
1. Any person who, in their capacity as a member of the clergy, lawyer, defence lawyer, notary, patent attorney, auditor subject to a duty of confidentiality under the Code of Obligations (CO), doctor, dentist, chiropractor, pharmacist, midwife, psychologist, nurse, physiotherapist, occupational therapist, dietician, optometrist, osteopath or as an assistant to any of the foregoing persons, discloses confidential information that has been confided to them in their professional capacity or which has come to their knowledge in the practice of their profession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. A student who discloses confidential information that has come to their knowledge in the course of their studies is also liable to the foregoing penalties. A breach of professional confidentiality remains an offence following the termination of professional employment or of the studies. 2. The person disclosing the information is
Para. 1 — SR 220 Para. 1 — Amended by Annex No 1 of the Healthcare Occupations Act of 30 Sept. 2016, in force since 1 Feb. 2020 (AS 2020 57; BBl 2015 8715). Para. 3 — Amended by Annex No 1 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).
Breach of professional confidentiality in research
Art. 321bis
1 Any person who discloses without authorisation a professional secret that has come to their knowledge in the course of their research activities involving human beings in accordance with the Human Research Act of 30 September 2011 shall be liable to a penalty in accordance with Article 321. 2 Professional secrets may be disclosed for the purpose of research into human diseases and concerning the structure and function of the human body if the requirements of Article 34 of the Human Research Act of 30 September 2011 are met and authorisation for disclosure has been obtained from the responsible ethics committee.
Art. 321bis — Inserted by Annex No 4 of the FA of 19 June 1992 on Data Protection (AS 1993 1945; BBl 1988 II 413). Amended by Annex No 2 of the Human Research Act of 30 Sept. 2011, in force since 1 Jan. 2014 (AS 2013 3215; BBl 2009 8045). Para. 1 — SR 810.30
Breach of postal or telecommunications secrecy
Art. 321ter
1 Any person who in their capacity as a public official, employee or auxiliary of an organisation providing postal or telecommunications services reveals to a third party details of customers' post, payments or telecommunications, opens sealed mail or tries to find out its content, or allows a third party the opportunity to carry out such an act shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 The foregoing penalties also apply to any person who by deception causes a person bound by a duty of confidentiality in terms of paragraph 1 to breach their obligation of secrecy. 3 A breach of postal or telecommunications secrecy remains an offence even after termination of employment as a public official, employee or auxiliary of an organisation providing postal or telecommunication services. 4 A breach of postal or telecommunications secrecy does not carry a penalty if it is carried out in order to determine the identity of the entitled person. 5 Ar
Art. 321ter — Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405). Para. 4 — 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).
Breach of the media duty to provide information
Art. 322
1 Media organisations are obliged, at the request of any person, to reveal immediately and in writing their place of business and the identity of those responsible for their publications (Art. 28 para. 2 and 3). 2 Newspapers, magazines or periodicals must indicate in an imprint the place of business of their media organisation, significant holdings in other organisations and the editor responsible. If the editor is responsible only for part of the newspaper, magazine or periodical, it must be indicated that they are the editor responsible for that part. Details of the editors responsible must be given for each part of the newspaper, magazine or periodical. 3 In the event of any violation of the provisions of this Article, the manager of the media organisation shall be liable to a fine. If the person indicated as editor (Art. 28 para. 2 and 3) does not in fact hold such a position, this also constitutes an offence.
Art. 322 — Amended by No I of the FA of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525). Para. 1 — Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). Para. 3 — Part of sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Failure to prevent an illegal publication
Art. 322bis
1 Any person who, as the person responsible in terms of Article 28 paragraphs 2 and 3, intentionally fails to prevent the publication of material, the publication of which constitutes an offence shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offence is committed through negligence, the penalty is a fine. 2 If the penalty for the offence that applies to the author in accordance with Article 28 paragraph 1 is less severe, that penalty shall be imposed. 3 If the offence committed by the author is only prosecuted on complaint, the offence under paragraph 1 shall only be prosecuted if a complaint has been made against the author.
Art. 322bis — Inserted by No I of the FA of 10 Oct. 1997 (AS 1998 852 856; BBl 1996 IV 525). 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).
Title Nineteen: Bribery
Inserted by No I 1 of the FA of 22 Dec. 1999 (Revision of the Criminal Law on Corruption), in force since 1 May 2000 (AS 2000 1121 1126; BBl 1999 5497).
1. Bribery of Swiss public officials
Bribery
Art. 322ter
Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces an undue advantage, or offers, promises or gives such an advantage to a third party in order to cause the public official to carry out or to fail to carry out an act in connection with their official activity which is contrary to their duty or dependent on their discretion, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Accepting bribes
Art. 322quater
Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator demands, secures the promise of or accepts an undue advantage for that person or for a third party in order that they carry out or fail to carry out an act in connection with their official activity which is contrary to their duty or dependent on their discretion, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.
Granting an advantage
Art. 322quinquies
Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator or a member of the armed forces an undue advantage for that person or for a third party in order that the person carries out their official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 322quinquies — 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).
Accepting an advantage
Art. 322sexies
Any person who as a member of a judicial or other authority, as a public official, officially-appointed expert, translator or interpreter, or as an arbitrator, demands, secures the promise of, or accepts an undue advantage for themselves or for a third party in order that they carry out their official duties shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.
Art. 322sexies — 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).
2. Bribery of foreign public officials
Art. 322septies
Any person who offers, promises or gives a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces who is acting for a foreign state or international organisation an undue advantage, or gives such an advantage to a third party, in order that the person carries out or fails to carry out an act in connection with their official activities which is contrary to their duty or dependent on their discretion, any person who as a member of a judicial or other authority, a public official, an officially-appointed expert, translator or interpreter, an arbitrator, or a member of the armed forces of a foreign state or of an international organisation demands, secures the promise of, or accepts an undue advantage for themselves or for a third party in order that they carry out or fail to carry out an act in connection with their official activity which is contrary their duty or dependent on
Paragraph inserted by Art. 2 No 2 of the FedD of 7 Oct. 2005 on the Approval and Implementation of the Criminal Law Convention and the Additional Protocol of the Council of Europe on Corruption, in force since 1 July 2006 (AS 2006 2371 2374; BBl 2004 6983).
3. Bribery of private individuals
Bribery
Art. 322octies
1. Any person who offers, promises or gives an employee, partner, agent or any other auxiliary of a third party in the private sector an undue advantage for that person or a third party in order that the person carries out or fails to carry out an act in connection with their official activities which is contrary to their duty or dependent on their discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 In minor cases, the offence is only prosecuted on complaint.
Art. 322octies — 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).
Accepting bribes
Art. 322novies
1 Any person who as an employee, partner, agent or any other auxiliary of a third party in the private sector demands, secures the promise of, or accepts an undue advantage for themselves or for a third party in order that the person carries out or fails to carry out an act in connection with their official activities which is contrary to their duty or dependent on their discretion shall be liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 In minor cases, the offence is only prosecuted on complaint.
Art. 322novies — Inserted 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).
4. General provisions
Art. 322decies
1 The following are not undue advantages: a. advantages permitted under public employment law or contractually approved by a third party; b. negligible advantages that are common social practice. 2 Private individuals who fulfil official duties are subject to the same provisions as public officials.
Art. 322decies — Inserted 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).
Title Twenty: Contraventions of Federal Law
Originally Title 19.
Failure of a debtor to comply with the regulations
Art. 323
The following persons are liable to a fine: 1. a debtor who is not present or has not appointed a representative to be present at the distraint of or the recording of an inventory of their assets of which they have been given lawful notice (Art. 91 para. 1 no 1, 163 para. 2 and 341 para. 1 DEBA); 2. a debtor who fails to disclose their assets including those not in their possession, or their claims and rights against third parties to the extent required to obtain satisfaction by distraint or to implement an attachment (Art. 91 para. 1 para. 2 and 275 DEBA); 3. a debtor who fails to fully disclose their assets including those not in their possession, or their claims and rights against third parties on the recording of an inventory of assets (Art. 163 para. 2, 341 para. 1 DEBA); 4. a debtor who fails to disclose or make available all their assets to the bankruptcy office (Art. 222 para. 1 DEBA); 5. a debtor who does not make themselves available to the bankruptcy administrator during the
Art. 323 — Amended by Annex No 8 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227 1307; BBl 1991 III 1). Para. 1 — SR 281.1 Para. 1 — 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. 3 — 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).
Failure of third parties to comply with the regula
Art. 324
The following persons are liable to a fine: 1. any adult person who shared a household with a debtor who is deceased or has absconded and who fails to disclose full details of that debtor's assets and to make themselves available to the bankruptcy office (Art. 222 para. 2 DEBA); 2. any debtor of a bankrupt who fails to report to the bankruptcy office within the time limit (Art. 232 para. 2 para. 3 DEBA); 3. any person who possesses items belonging to a debtor as a pledgee or for any other reason and fails to deliver such items to the bankruptcy office within the time limit (Art. 232 para. 2 para. 4 DEBA); 4. any person who possesses items belonging to a debtor as a pledgee and fails to deliver such items to the liquidators after expiry of the deadline for realisation (Art. 324 para. 2 DEBA); 5. any third party who fails to comply with their duty to provide information and to deliver assets in accordance with Articles 57a paragraph 1, 91 paragraph 4, 163 paragraph 2, 222 paragraph 4 and
Art. 324 — Amended by Annex No 8 of the FA of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227 1307; BBl 1991 III 1). Para. 1 — SR 281.1 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).
Failure to comply with accounting regulations
Art. 325
Any person who intentionally or through negligence fails to comply with the statutory duty to keep proper accounts or to preserve accounts, business correspondence and business telegrams, any person who intentionally or through negligence fails to comply with the statutory duty to preserve accounts, business correspondence and business telegrams, shall be liable to a fine.
Infringement of the regulations on reporting payme
Art. 325bis
A person shall be liable to a fine if they intentionally commit any of the following acts: a. providing false information in the report on payments made to state bodies in accordance with Article 964d CO or wholly or partly failing to make the required report; b. failing to comply with the obligation to keep and retain reports on payments to state bodies in accordance with Article 964h CO.
Art. 325bis — Inserted by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399). let. a — SR 220
Infringement of other reporting obligations
Art. 325ter
1 A person shall be liable to a fine not exceeding 100 000 francs if they intentionally commit any of the following acts: a. providing false information in the reports in accordance with Articles 964a, 964b and 964l CO or failing to make the required reports; b. failing to comply with the statutory obligation to retain and document the reports in accordance with Articles 964c and 964l CO. 2 A person who acts through negligence shall be liable to a fine not exceeding 50 000 francs.
Art. 325ter — Inserted by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399). Para. 1 let. a — SR 220
Failure to comply with the regulations governing t
Art. 325quater
Any person who prevents or attempts to prevent a tenant by the threat of detrimental consequences, and in particular the termination of the lease, from contesting the level of rent or other claims of the landlord, any person who serves notice of termination on the tenant because the tenant asserts or wishes to assert their rights under the CO, or any person who unlawfully demands or attempts to demand payment of rent or other claims after the failure of an attempt to reach agreement thereon or following a court judgment thereon, shall be liable on complaint by the tenant to a fine.
Art. 325quater — Originally Article 325bis. Inserted by No II Art. 4 of the FA of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies) (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis). Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399). SR 220
Application to legal entities, trading companies a
Footnote relevant to German text only.
1. …
Art. 326
Repealed by No II 3 of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
2. In cases falling under Article 325quater
Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 2021 846; BBl 2017 399).
Art. 326bis
1 Where the acts constituting offences under Article 325quater are committed while attending to the affairs of a legal entity, general or limited partnership or sole proprietorship or otherwise in the provision of commercial or business services to another, the criminal provisions apply to those natural persons who have committed the acts. 2 An employer or principal who is aware of the offence or becomes aware of the offence subsequently and who, although they are in a position to do so, fails to prevent the offence or to remedy its consequences shall be liable to the same penalties as the offender. 3 If the employer or principal is a legal entity, general or limited partnership, sole proprietorship or corporate body without legal personality, paragraph 2 applies to the culpable management bodies, members of the management bodies, executive partners, de facto managers or liquidators.
Art. 326bis — Inserted by No II Art. 4 of the FA of 15 Dec. 1989 on the Amendment of the CO (Leases and Tenancies), in force since 1 July 1990 (AS 1990 802; BBl 1985 I 1389 at the end, final provisions on Titles VIII and VIIIbis). Para. 1 — Footnote relevant to German text only. Para. 1 — Amended by No III 2 of the FA of 19 June 2020 (Indirect Counter-Proposal to the Popular Initiative "For responsible businesses – protecting human rights and the environment"), in force since 1 Jan. 2022 (AS 202
Contravention of the law on business and other nam
Art. 326ter
Any person who uses a name for a legal entity or branch entered in the Commercial Register that does not correspond to the name entered in the Commercial Register and which may be misleading, any person who uses a misleading name for a legal entity or branch not entered in the Commercial Register, or any person who gives the impression that a foreign legal entity not entered in the Commercial Register has its registered office or a branch in Switzerland, shall be liable to a fine.
Art. 326ter — Inserted by No I of the FA of 17 June 1994 (AS 1994 2290; BBl 1991 II 969). Amended by Annex No 5 of the FA of 16 Dec. 2005 (Law on Limited Liability Companies and Amendments to the Law on Companies Limited by Shares, Cooperatives, the Commercial Register and Business Names), in force since 1 Jan. 2008 (AS 2007 4791; BBl 2002 3148, 2004 3969). Corrected by the Drafting Committee of the Federal Assembly (Art. 58 para. 2 ParlA; SR 171.10).
Provision of false information by an employee bene
Art. 326quater
Any person who as a management officer of an employee benefits institution is under a statutory obligation to provide information to beneficiaries and supervisory bodies but fails to provide any information or provides false information shall be liable to a fine.
Art. 326quater — Inserted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).
Violation of obligations to give notice of the ben
Art. 327
Any person who intentionally fails to comply with obligations under Article 697j paragraphs 1–4 or Article 790a paragraphs 1–4 of the CO to give notice of beneficial owner of shares or capital contributions shall be liable to a fine.
Art. 327 — Amended by No I 2 of the FA of 21 June 2019 on Implementing the Recommendations of the Global Forum on Transparency and Transfer of Information for Tax Purposes, in force since 1 Nov. 2019 (AS 2019 3161; BBl 2019 279). SR 220
Violation of company law obligations on keeping re
Art. 327a
A person shall be liable to a fine if they intentionally fail to keep any of the following registers in accordance with the regulations or if they infringe associated company law obligations: a. in the case of a company limited by shares: the share register in accordance with Article 686 paragraphs 1–3 and 5 CO or the register of the beneficial owners of the shares in accordance with Article 697l CO; b. in the case of a limited liability company: the register of contributions in accordance with Article 790 paragraphs 1–3 and 5 CO or the register of the beneficial owners of the capital contributions in accordance with Article 790a paragraph 5 CO in conjunction with Article 697l CO; c. in the case of a cooperative: the register of cooperative members in accordance with Article 837 paragraphs 1 and 2 CO; d. in the case of an investment company with variable capital (Art. 36 of the Collective Investment Schemes Act of 23 June 2006); the share register recording the company shareholders or
Art. 327a — Inserted by No I 2 of the FA of 21 June 2019 on Implementing the Recommendations of the Global Forum on Transparency and Transfer of Information for Tax Purposes, in force since 1 Nov. 2019 (AS 2019 3161; BBl 2019 279). let. a — SR 220 let. d — SR 951.31
Failure to comply with the statutory obligations o
Art. 327b
Any person who intentionally fails to comply with the any of obligations for associations specified in Articles 61a and 69 paragraph 2 of the Civil Code shall be liable to a fine.
Art. 327b — Inserted by Annex 1 No 2 of the FA of 19 March 2021, in force since 1 Jan. 2023 (AS 2021 656; 2022 551; BBl 2019 5451). RS 210
Art. 328
Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Breach of military secrecy
Art. 329
1. Any person who unlawfully enters buildings or any other places, the access to which is prohibited by the military authorities, makes drawings, diagrams or plans or takes photographs or makes films of military establishments or objects serving the national defence, or copies or publishes such drawings, diagrams, plans, photographs or films, shall be liable to a fine. 2. Attempts and complicity are also offences.
Art. 330
Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).
Unauthorised wearing of the military uniform
Art. 331
Any person who wears the uniform of the Swiss armed forces without authority shall be liable to a fine.
Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
Art. 332
Repealed by No I 1 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 (AS 2023 259; BBl 2018 2827).