Swiss Criminal Code (SCC)
Amended by No III of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Title One: Relationship between this Code and othe
Application of the General Provisions to other fed
Art. 333
1 The general provisions of this Code apply to offences provided for in other federal acts unless these federal acts themselves contain detailed provisions on such offences. 2 In the other federal acts, the terms below are replaced as follows: a. penal servitude by a custodial sentence of more than one year; b. imprisonment by a custodial sentence not exceeding three years or by a monetary penalty; c. imprisonment for less than six months by a monetary penalty, whereby a one-month custodial sentence corresponds to a monetary penalty of 30 daily penalty units up to a maximum of 3000 francs. 3 An offence that carries a maximum penalty of detention or a fine or of a fine only is a contravention. Articles 106 and 107 apply. Article 8 of the Federal Act of 22 March 1974 on Administrative Criminal Law is reserved. An offence is also a contravention if, in terms of another Federal Act that came into force before 1942, it carries a term of imprisonment not exceeding three months. 4 Sentences o
Para. 3 — SR 313.0 Para. 6 — Repealed by No I 5 of the FA of 17 Dec. 2021 on the Harmonisation of Secondary Criminal Law with the Amended Law on Sanctions, with effect from 1 July 2023 (AS 2023 254; BBl 2018 2827). Para. 6bis — 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).
Reference to repealed provisions
Art. 334
If reference is made in federal legislation to provisions being amended or repealed by this Code, the references relate to the provisions of this Code that regulate the matter.
Cantonal acts
Art. 335
1 The cantons retain the power to legislate on contraventions that are not the subject matter of federal legislation. 2 The cantons have the power to provide for sanctions for offences against cantonal administrative and procedural law.
Title Two: …
Art. 336–338
Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Title Three: …
Art. 339–348
Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Title Four: Administrative Assistance on Police Ma
Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 349
Repealed by Annex 1 No 5 of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
1. Protection of personal data.
a. Legal basis
Art. 349a
The competent federal authorities may only disclose personal data if there is a legal basis for doing so under Article 36 paragraph 1 of the Data Protection Act of 25 September 2020 (FADP) or if: a. disclosure of personal data is required to protect the life or physical integrity of the person concerned or of a third party; b. the person concerned has made their personal data general accessible and has not expressly prohibited the disclosure of the data.
Art. 349a — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941). SR 235.1 Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in for
b. Equal treatment
Art. 349b
1 For the disclosure of personal data to the competent authorities of states linked to Switzerland by one of the Schengen association agreements (Schengen States), no stricter data protection rules may apply than for the disclosure of personal data to Swiss criminal authorities. 2 Special laws providing for stricter data protection rules for the disclosure of personal data to the competent foreign authorities do not apply to disclosure to the competent authorities of the Schengen States.
Art. 349b — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
c. Disclosure of personal data to a third country
Art. 349c
1 Personal data may not be disclosed to the competent authority of a state which is not linked to Switzerland by one of the Schengen association agreements (third country), or to an international body if this would seriously endanger the privacy of the data subjects, in particular due to a lack of adequate protection. 2 Adequate protection shall be ensured by: a. the legislation of the third country, if the European Union has so provided in a in a resolution; b. an international treaty; c. specific guarantees. 3 If the disclosing authority is a federal authority, it shall inform the Federal Data Protection and Information Commissioner (FDPIC) of the categories of disclosures of personal data made on the basis of specific guarantees pursuant to paragraph 2 letter c. Every disclosure is documented. 4 By way of derogation from paragraph 1, personal data may be disclosed to the competent authority of a third country or an international body if disclosure is necessary in a particular case:
Art. 349c — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941). Para. 3 — Amended by Annex 1 No II 26 of the Data Protection Act of 25 Sept. 2020, in fo
d. Disclosure of personal data by a Schengen State
Art. 349d
1 Personal data transmitted or made available by a Schengen State may be disclosed to the competent authority of a third country or an international body, only if: a. the disclosure is necessary to prevent, detect or prosecute a criminal offence; b. the Schengen State which transmitted or made available the personal data has given its prior consent to the disclosure; and c. the requirements under Article 349c are fulfilled. 2 By way of derogation from paragraph 1 letter b, personal data may be disclosed in a particular case, if: a. the prior consent of the Schengen State cannot be obtained in time; and b. disclosure is essential to prevent an imminent serious threat to the public security of a Schengen State or a third country or for safeguarding the essential interests of a Schengen State. 3 The Schengen State shall be informed immediately of the disclosure referred to in paragraph 2.
Art. 349d — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
e. Disclosure of personal data to a recipient esta
Art. 349e
1 Where it is not possible, in particular in cases of emergency, to disclose personal data to the competent authority of a third country through the normal channels of police cooperation, the competent authority may exceptionally disclose them to a recipient established in that country, provided the following requirements are fulfilled: a. The disclosure is essential to fulfil a statutory task of the authority disclosing the data. b. No overriding interests of the data subject worthy of protection stand in the way of disclosure. 2 The competent authority shall inform the recipient of the personal data at the time of disclosure that the recipient may use the data only for the purposes specified by the authority. 3 It shall inform the competent authority of the third country without delay of any disclosure of personal data, provided it considers this appropriate. 4 If the responsible authority is a federal authority, it shall inform the FDPIC without delay of any disclosure pursuant to p
Art. 349e — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
f. Accuracy of personal data
Art. 349f
1 The competent authority shall correct incorrect personal data without delay. 2 It shall notify the authority which transmitted the data, made them available or disclosed them of the correction without delay. 3 It shall inform the recipient whether the data it has disclosed are up-to-date and reliable. 4 It shall also provide the recipient with any further information that can be used to distinguish: a. the different categories of data subjects; b. personal data based on facts and on personal assessments. 5 The obligation to inform the recipient ceases to apply if the information referred to in paragraphs 3 and 4 is clear from the personal data itself or from the circumstances.
Art. 349f — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941).
g. Verification of the legality of the data proces
Art. 349g
1 The data subject may request the FDPIC to check whether any data relating to the data subject are being processed lawfully if: a. the data subject’s right to information about the exchange of data about them is restricted or deferred (Art. 19 and 20 FADP); b. the data subject’s right to information is denied, restricted or deferred (Art. 25 and 26 FADP); or c. the data subject’s request for the rectification, destruction or deletion of data relating to them is partially or completely denied (Art. 41 para. 2 let. a FADP). 2 Only a federal authority under the supervision of the FDPIC may be examined. 3 The FDPIC shall complete the verification; it shall notify the data subject that either no data relating to them have been unlawfully processed, or that it has opened an investigation pursuant to Article 49 FADP in the case of errors in the processing of personal data. 4 If the FDPIC finds errors in the processing of the data, it shall order the competent federal authority to correct the
Art. 349g — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941). Para. 1 let. a — SR 235.1 Para. 1 let. c — Amended by Annex 1 No II 26 of the Data Prote
h. Investigation
Art. 349h
1 If a data subject credibly demonstrates that an exchange of personal data concerning them could violate the provisions on the protection of personal data, they may request the FDPIC to open an investigation pursuant to Article 49 FADP. 2 An investigation may only be opened against a federal authority that is under the supervision of the FDPIC. 3 The parties are the data subject and the federal authority against which the investigation has been opened. 4 Articles 50 and 51 FADP also apply.
Art. 349h — Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941). Para. 1 — SR 235.1 Para. 1 — Amended by Annex 1 No II 26 of the Data Protection Act of 2
2. Cooperation with INTERPOL
a. Jurisdiction
Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 350
1 The Federal Office of Police carries out the duties of a National Central Bureau in terms of the Constitution and General Regulations of the International Criminal Police Organization (INTERPOL). 2 It is responsible for coordinating the exchange of information between the federal and cantonal prosecution services on the one hand and the National Central Bureaus of other states and the General Secretariat of INTERPOL on the other.
b. Tasks
Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 351
1 The Federal Office of Police coordinates the exchange of police information for the investigation and prosecution offences and for the execution of sentences and measures. 2 It may transmit police information for the purpose of preventing offences if there are specific indications that there is a serious probability of a felony or misdemeanour being committed. 3 It may coordinate the exchange of information relating to searches for missing persons and for the identification of unknown persons. 4 In the interest of preventing and investigating offences, the Federal Office of Police may receive and provide information from and to private individuals if this is in the interests of the persons concerned and their consent has been given or may be assumed in the circumstances.
c. Data protection
Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 352
1 The exchange of police information is governed by the principles of the Mutual Assistance Act of 20 March 1981 as well as the Constitution and General Regulations of INTERPOL declared to be applicable by the Federal Council. 2 The FADP applies to the exchange of information in connection with searches for missing persons and the identification of unknown persons and for administrative purposes. 3 The Federal Office may provide information directly to the Central Bureaus of other states provided the recipient state is subject to the INTERPOL data protection regulations.
Para. 1 — SR 351.1 Para. 2 — SR 235.1 Para. 2 — 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).
d. Financial aid and other payments
Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 353
The Confederation may provide financial aid and make payments to INTERPOL.
3. Cooperation in connection with the identificati
Art. 354
1 The responsible department shall register and store biometric criminal records data recorded and transmitted to the department by cantonal, federal and foreign authorities in connection with criminal proceedings or in fulfilment of other statutory duties. This data may be used for comparison purposes to identify a wanted or unknown person. 2 The following authorities may use and process data in terms of paragraph 1: a. the Federal Office of Police; b. the State Secretariat for Migration (SEM); c. the Federal Office of Justice; d. the Federal Office for Customs and Border Security; e. the Swiss representations abroad responsible for issuing visas; f. the Federal Intelligence Service; g. the cantonal police authorities; h. the cantonal migration authorities. 3 Personal data that relates data in accordance with paragraph 1 shall be processed in separate information systems; the procedure is subject to the provisions of the Federal Act of 13 June 2008 on Federal Police Information System
Art. 354 — Amended by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, in force since 23 Jan. 2023 (AS 2022 600; BBl 2014 5713). Para. 2 let. d — The name of this administrative unit was changed in application of Art. 20 para. 2 of the Publications Ordinance of 7 Oct. 2015 (SR 170.512.1). Para. 2 let. h — Amended by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the
4. …
Art. 355
Repealed by Annex 1 No 5 of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
5. Cooperation with Europol
a. Exchange of data
Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 355a
1 fedpol and the Federal Intelligence Service (FIS) may pass on personal data, including sensitive personal data to the European Police Office (Europol). 2 The passing on of such data is subject in particular to the requirements of Articles 3 and 10–13 of the Agreement of 24 September 2004 between the Swiss Confederation and the European Police Office. 3 At the same time as passing on data, the Federal Office of Police shall notify Europol of the purpose for which the data is provided as well as of any restrictions with regard to its processing to which it is itself subject in accordance with federal or cantonal legislation. 4 The exchange of personal data with Europol is regarded as equivalent to an exchange with a competent authority of a Schengen State (Art. 349b).
Art. 355a — Inserted by Art. 2 of the FedD of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983). Para. 1 — Amended by Annex 2 No 1 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use of the Schengen Information System (SIS), in force since
b. Extension of mandate
Amended by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
Art. 355b
The Federal Council is authorised to agree with Europol amendments to the scope of its mandate in accordance with Article 3 paragraph 3 of the Agreement of 24 September 2004 between the Swiss Confederation and the European Police Office.
Art. 355b — Inserted by Art. 2 of the FedD of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 1017 1018; BBl 2005 983). SR 0.360.268.2
5bis. Cooperation under the Schengen Association A
Jurisdiction
Art. 355c
The federal and cantonal police authorities shall implement the provisions of the Schengen Association Agreement in accordance with domestic law.
Art. 355c — Inserted by Art. 3 No 4 of the FedD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179; BBl 2004 5965). Agreement of 26 Oct. 2004 between the Swiss Confederation, the European Union and the European Community on the Association of that State with the Implementation, Application and Development of the Schengen Acquis (SR 0.362.31); Agreemen
5ter. …
Art. 355d
Inserted by Art. 3 No 4 of the FedD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin (AS 2008 447 2179; BBl 2004 5965). Repealed by Annex 2 No II of the FA of 13 June 2008 on the Federal Police Information System, with effect from 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
5quater. SIRENE Office
Art. 355e
1 fedpol manages the central office for the exchange of supplementary information with the Schengen states (SIRENE Office). 2 Das SIRENE Office is the contact, coordination and consultation point for the exchange of information in connection with the alerts in the SIS. It reviews the formal admissibility of Swiss and foreign alerts in the SIS.
Art. 355e — Inserted by Art. 3 No 4 of the FedD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association to Schengen and Dublin, in force since 1 June 2008 (AS 2008 447 2179; BBl 2004 5965). Para. 1 — Amended by Annex 1 No 4 of the FedD of 18 Dec. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU relating to the Adoption of the Legislation on the Establishment, Operation and Use
Art. 355f and 355g
Inserted by No 4 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (AS 2010 3387; BBl 2009 6749). Repealed by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, with effect from 1 March 2019 (AS 2019 625; BBl 2017 6941).
5quinquies. Prüm cooperation
a. Comparison of dactyloscopic data and vehicle an
Art. 356
1 The Confederation and the cantons shall support the participating states, particularly in the fight against terrorism and cross-border crime, by making comparisons using information systems containing dactyloscopic data and vehicle and vehicle owner data and by exchanging information. 2 In accordance with Article 9 paragraph 1 of Decision 2008/615/JHA, the national contact points of the participating states may, for the prevention and prosecution of criminal offences in individual cases, compare dactyloscopic data with the reference data in the Swiss information systems. 3 For the purpose of prosecuting criminal offences, the national contact point referred to in Article 357 paragraph 1 shall, on request, carry out a comparison with the dactyloscopic data in the information systems of the Contracting States.
Art. 356 — Amended by Annex No 3 of the FD of 1 Oct. 2021 on the Approval and Implementation of the Agreement between Switzerland and the EU on the stepping up of cross-border cooperation (Prüm cooperation) and of the Eurodac Protocol between Switzerland, the EU and the Principality of Liechtenstein regarding access to Eurodac for law enforcement purposes, in force since 1 Aug. 2025 (AS 2025 348, 401; BBl 2021 738). Para. 2 — Council Decision 2008/615/JHA of 23 Juni 2008 on the stepping up of cr
b. National contact points
Art. 357
1 Fedpol is the national contact point for the exchange of dactyloscopic data and personal data in accordance with Articles 6, 11, 15 and 16 paragraph 3 of Decision 2008/615/JHA. 2 As the contact point, fedpol performs the following tasks in particular: a. It carries out comparisons with dactyloscopic data held in the information system of other participating countries. b. It checks hits that have been obtained on the basis of a comparison carried out by Switzerland in the fingerprint information system of a participating state. c. On request, it transmits to the requesting participating State the personal data and, where provided for under Swiss law, other available information in accordance with Article 10 of Decision 2008/615/JHA. d. On request or on its own initiative, it transmits personal and non-personal data in accordance with Articles 13 and 14 (major events) and 16 (prevention of terrorist offences) of Decision 2008/615/JHA. e. It defines maximum search capacities for dactylo
Art. 357 — Amended by Annex No 3 of the FD of 1 Oct. 2021 on the Approval and Implementation of the Agreement between Switzerland and the EU on the stepping up of cross-border cooperation (Prüm cooperation) and of the Eurodac Protocol between Switzerland, the EU and the Principality of Liechtenstein regarding access to Eurodac for law enforcement purposes, in force since 1 Aug. 2025 (AS 2025 348, 401; BBl 2021 738). Para. 1 — See footnote to Art. 356 para. 2. Para. 4 — Council Decision 2008/616/
Art. 358–361
Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).
6. Notification in relation to pornography
Art. 362
If an investigating authority establishes that pornographic articles (Art. 197 para. 4) have been produced in or imported from a foreign state, it shall immediately notify the Federal Central Office for Combating Pornography.
Art. 362 — 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).
Title Five: …
Art. 363
Repealed by Annex 1 No II 8 of the Criminal Procedure Code of 5 Oct. 2007, with effect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085). Revised by the Federal Assembly Drafting Committee on 20 Feb. 2013 (AS 2013 845).
Art. 364
Repealed by Annex No 1 of the FA of 15 Dec. 2017 (Child Protection), with effect from 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).
Title Six: …
Art. 365–369
Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
Art. 369a
Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders (AS 2014 2055; BBl 2012 8819). Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
Art. 370 and 371
Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
Art. 371a
Inserted by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders (AS 2014 2055; BBl 2012 8819). Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
Title Seven: Execution of Sentences and Measures,
1. Duty to execute sentences and measures
Art. 372
1 The cantons shall execute the judgments issued by their criminal courts on the basis of this Code. They are obliged to execute the judgments of the federal criminal justice authorities in return for the reimbursement of their costs. 2 Decisions in criminal cases made by police authorities and other competent authorities and the decisions of prosecution services are deemed equivalent to court judgments. 3 The cantons shall guarantee the uniform execution of criminal sanctions.
Para. 3 — Inserted by No II 2 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and the Division of Tasks between the Confederation and the Cantons (NFA), in force since 1 Jan. 2008 (AS 2007 5779 5817; BBl 2005 6029).
2. Monetary penalties, fines, costs and forfeiture
Execution
Art. 373
Legally binding decisions issued on the basis of federal or cantonal criminal law relating to monetary penalties, fines, costs and the forfeiture of property or assets may be executed anywhere in Switzerland.
Right of disposal
Art. 374
1 The cantons are entitled to the monetary penalties and fines imposed and the property and assets forfeited in accordance with this Code. 2 The Confederation is entitled to the proceeds of the cases judged by the Criminal or Appeals Chamber of the Federal Criminal Court. 3 The use of proceeds for the benefit of persons harmed in accordance with Article 73 is reserved. 4 The provisions of the Federal Act of 19 March 2004 on the Division of Forfeited Assets are reserved.
Para. 2 — Amended by No II 2 of the FA of 17 March 2017 (Creation of an Appeals Chamber in the Federal Criminal Court), in force since 1 Jan. 2019 (AS 2017 5769; BBl 2013 7109, 2016 6199). Para. 4 — SR 312.4 Para. 4 — Inserted by Annex No 1 of the FA of 19 March 2004 on the Division of Forfeited Assets, in force since 1 Aug. 2004 (AS 2004 3503; BBl 2002 441).
3. Community service
Art. 375
1 The cantons are responsible for the execution of community service orders. 2 The competent authority decides on the nature and form of community service to be performed. 3 The statutory maximum number of working hours may be exceeded in the performance of community service. The regulations on health and safety in the workplace remain applicable.
4. Probation assistance
Art. 376
1 The cantons organise the system of probation assistance. They may delegate this duty to private organisations. 2 Probation assistance is normally the responsibility of the canton in which the probationer is resident.
5. Institutions and facilities
Duty of the cantons to establish and operate
Art. 377
1 The cantons shall establish and operate institutions and institution units for prison inmates in open and secure custody as well as for prison inmates in semi-detention and in the day release employment. 2 They may also provide units for special inmate groups, and in particular for: a. women; b. prison inmates of specific age groups; c. prison inmates serving very long or very short sentences; d. prison inmates that require constant care or treatment or are receiving basic or advanced training. 3 They shall establish and operate the institutions provided for in this Code for the execution of measures. 4 They shall ensure that the regulations and the operation of the institutions and facilities comply with this Code. 5 They shall facilitate the basic and advanced training of the staff.
Cooperation between the cantons
Art. 378
1 The cantons may enter into agreements on the joint establishment and operation of institutions and facilities or secure themselves a right of joint use of the institutions and facilities belonging to other cantons. 2 The cantons shall inform each other of the special features of their institutions and facilities, and in particular of the range of care, treatment and employment services; they shall cooperate in the allocation of prison inmates to institutions and facilities.
Licensing of private institutions
Art. 379
1 The cantons may grant licences to privately run institutions and facilities authorising them to execute sentences in the form of semi-detention and of day release employment together with measures under Articles 59–61 and 63. 2 Privately run institutions and facilities are subject to the supervision of the cantons.
Allocation of costs
Art. 380
1 The costs of the execution of sentences and measures are borne by the cantons. 2 The offender shall contribute in an appropriate manner to the costs: a. by performing work while serving a sentence or undergoing a measure; b. in accordance with their income or assets if they refuse to perform work assigned to them even though the work satisfies the requirements of Articles 81 or 90 paragraph 3; or c. by deduction of part of the income due to them as payment for an activity while in semi-detention, while subject to electronic monitoring, while on day release employment or while in external accommodation combined with day release employment. 3 The cantons shall issue detailed regulations on offenders' contributions to costs.
Para. 2 let. c — Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
Title 7a: Liability in Cases of Discharge from Lif
Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).
Art. 380a
1 If a person subject to lifelong incarceration is released on parole or discharged from incarceration and commits a felony mentioned in Article 64 paragraph 1bis, the responsible body politic shall be liable for the resultant injury and loss. 2 In relation to rights of recourse against the offender and the time limits for filing claims for damages or satisfaction, the provisions of the CO on unlawful acts apply. 3 In relation to rights of recourse against the members of the authority issuing the order, cantonal law or the Government Liability Act of 14 March 1958 applies.
Para. 2 — SR 220 Para. 3 — SR 170.32
Title Eight: Pardons, Amnesties, Re-opening of Cas
1. Pardons
Jurisdiction
Art. 381
The right to grant a pardon in relation to convictions based on this Code or any other federal act is exercised: a. by the Federal Assembly in cases in which the Criminal or Appeals Chamber of the Federal Criminal Court or an administrative authority of the Confederation has passed judgment; b. by the pardons authority of the Canton in cases in which a cantonal authority has passed judgment.
let. a — Amended by No II 2 of the FA of 17 March 2017 (Creation of an Appeals Chamber in the Federal Criminal Court), in force since 1 Jan. 2019 (AS 2017 5769; BBl 2013 7109, 2016 6199).
Pardon petition
Art. 382
1 The petition for a pardon may be filed by the offender, their legal representative or, with consent of the offender, by their defence agent, spouse or registered partner. 2 In the case of political felonies and misdemeanours and in the case of offences connected with political felonies or misdemeanours, the Federal Council or the cantonal government is also entitled to initiate the pardon procedure. 3 The pardons authority may stipulate that the petition for a pardon that has been refused may not be filed again before the expiry of a certain period.
Para. 1 — 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).
Effects
Art. 383
1 A pardon may wholly or partly remit all sentences imposed by legally binding judgment or commute the sentences to less severe forms of sentence. 2 The pardon decree specifies the extent of the pardon.
2. Amnesties
Art. 384
1 The Federal Assembly may grant an amnesty in criminal matters governed by this Code or any other federal act. 2 An amnesty excludes the prosecution of specific offences or categories offender and grants the remission of related sentences.
3. Re-opening of cases
Art. 385
In the case of convictions based on this Code or any other federal act, where important information or evidence comes to light that was not available to the court at the time of the earlier proceedings, the cantons must allow the re-opening of the case for the benefit of the offender.
Title Nine: Preventive Measures, Supplementary Pro
1. Preventive measures
Art. 386
1 The Confederation may employ investigative, educational and further measures aimed at preventing specific offences and crime in general. 2 It may support projects that have the aim mentioned in paragraph 1. 3 It may participate in organisations that carry out measures mentioned in paragraph 1 or establish and support such organisations. 4 The Federal Council regulates the nature, aims and form of the preventive measures.
Art. 386 — In force since 1 Jan. 2006 in accordance with the Ordinance of 2 Dec. 2005 (AS 2005 5723)
2. Supplementary provisions of the Federal Council
Art. 387
1 The Federal Council has the power person, after consulting the cantons, to enact provisions on: a. the execution of cumulative sentences, supplementary sentences and cases where two or more individual sentences are executed simultaneously; b. the assignment of the responsibility for executing sentences and measures to another canton; c. the execution of sentences and measures imposed on persons suffering from illness or invalidity, or elderly persons; d. the execution of sentences and measures in cases under Article 80 involving women; e. the wages paid to prison inmates in accordance with Article 83. 1bis The Federal Council enacts the required provisions on the establishment of the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration (Art. 64c para. 1) relating to the appointment of members of the Commission and their remuneration, procedures and the organisation of the Commission. 2 The Federal Council may at the request of the r
Para. 1bis — Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889). Para. 3 — Repealed by Annex 1 No 3 of the Criminal Records Register Act of 17 June 2016, with effect from 23 Jan. 2023 (AS 2022 600; BBl 2014 5713).
3. General transitional provisions
Execution of earlier judgments
Art. 388
1 Judgments issued in application of the previous law are executed in accordance with the previous law. The exceptions in paragraphs 2 and 3 are reserved. 2 Where an act that does not carry a penalty under the new law has led to conviction under the previous law, the sentence or measure imposed is no longer executed. 3 The provisions of the new law on the regime for the execution of sentences and measures and on the rights and obligations of prison inmates also apply to offenders who have been convicted in accordance with the previous law.
Limitation
Art. 389
1 Unless the law provides otherwise, the provisions of the new statute of limitations for prosecution and the execution of sentences and measures, if they are less strict, also apply to offenders who have committed offences or been convicted before this Code comes into force. 2 The periods of time that have elapsed before the new law comes into force are taken into account.
Offences prosecuted on complaint
Art. 390
1 In the case offences that are only prosecuted on complaint, the period for filing a complaint is calculated in accordance with the law that applied at the time of the offence. 2 If the new law requires a complaint to be filed in respect of an offence that was prosecuted ex officio under the previous law, the period for filing the complaint begins when the new law comes into force. If the prosecution has already been initiated, it may only be continued if a complaint is filed. 3 If the new law stipulates the ex officio prosecution of an offence that was only prosecuted on complaint under the previous law, an offence committed before the new law comes into force is only prosecuted if a complaint is filed.
4. Cantonal transitional provisions
Art. 391
The cantons shall notify the Confederation of the required transitional provisions to the Swiss Criminal Code.
5. Commencement of this Code
Art. 392
This Code comes into force on 1 January 1942.