Transplantation Act
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 69 Felonies and misdemeanours
1 Provided that no more serious offence has been committed under the Criminal Code, a custodial sentence not exceeding three years or a monetary penalty shall be imposed on any person who wilfully: a. offers, grants, requests or accepts a financial gain or comparable advantage for the donation of human organs, tissues or cells (Art. 6 para. 1); b. places human organs, tissues or cells on the market (Art. 7 para. 1 let. a); c. removes organs, tissues or cells from a living or deceased person or transplants such human organs, tissues or cells if a financial gain or a comparable advantage has been offered, granted, requested or accepted for such organs, tissues or cells (Art. 7 para. 1 let. b); cbis. removes or transplants organs, tissues or cells without consent having been given; d. infringes the regulations governing preparatory medical measures (Article 10); e. removes organs, tissues or cells and in so doing creates a serious risk for the life or health of the donor (Art. 12 let. c);
Art. 69 — Amended by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 (AS 2020 6567; BBl 2019 5971). Para. 1 — SR 311.0 Para. 1 — Amended by No I of the FA of 19 June 2015, in force since 15 Nov. 2017 (AS 2016 1163, 2017 5629; BBl 2013 2317). Para. 1 let. a — Amended by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Tr
Art. 70 Contraventions
1 A fine not exceeding CHF 50,000 shall be imposed on any person who, without having committed a misdemeanour under Article 69, wilfully: a. infringes the regulations governing the removal of organs, tissues or cells for purposes other than transplantation (Art. 5); b. infringes the regulations concerning the independence of the persons concerned (Art. 11 and 41); c. removes organs, tissues or cells from a living person even though the recipient could have been treated with a different therapeutic method with comparable benefit (Art. 12 let. d); d. infringes a duty of notification (Art. 20, 21 para. 3, 22, 24, 29, 36 and 62 para. 4); e. accepts without authorisation organs offered from another country (Art. 23 para. 2); f. performs without authorisation acts which require authorisation or fails to fulfil conditions attached to such authorisation (Art. 25, 27, 38 and 43); g. breaches the duty of confidentiality, provided that neither Article 320 nor Article 321 of the Criminal Code has
Para. 1 — Amended by No I of the FA of 19 June 2015, in force since 15 Nov. 2017 (AS 2016 1163, 2017 5629; BBl 2013 2317). Para. 1 let. g — SR 311.0 Para. 1bis — Inserted by No I of the FA of 19 June 2015, in force since 15 Nov. 2017 (AS 2016 1163, 2017 5629; BBl 2013 2317). Para. 3 — Amended by No I of the FA of 19 June 2015, in force since 15 Nov. 2017 (AS 2016 1163, 2017 5629; BBl 2013 2317). Para. 4 — Repealed by No I of the FA of 19 June 2015, with effect from 15 Nov. 2017 (AS 2016 1163, 20
Art. 71 Jurisdiction and administrative criminal law
1 The cantons have jurisdiction for the prosecution and judgement of offences. 2 Articles 6, 7 (offences committed within a business) and 15 (forgery of documents, obtaining a false certificate by fraud) of the Federal Act of 22 March 1974 on Administrative Criminal Law apply. 3 The competent authorities shall notify the FOPH of any judgments issued under Article 69 paragraph 1 letters a–cbis.
Para. 2 — SR 313.0 Para. 3 — Inserted by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 (AS 2020 6567; BBl 2019 5971).