Swiss Criminal Code (extract)

Excerpts from The Swiss Criminal Code: (The excerpts start on the next page)

311.0 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Swiss Criminal Code of 21 December 1937 (Status as of 1 January 2012)

Please note: this translation does not yet include the amendments of 1 January 2013 (AS 2010 6015) this translation does not yet include the amendments of 1 January 2013 (AS 2011 72, 487)

The Federal Assembly the Swiss Confederation, based on Article 64bis the Federal Constitution1,2 and having considered a Federal Council Dispatch dated 23 July 19183, decrees:

Book One:4 General Provisions Part One: Felonies and Misdemeanours Title One: Scope of Application Art. 1 1. No penalty without a law

No one may be punished for an act unless it has been expressly declared to be an offence by the law.

Art. 2

2. Commencement of applicability of the Code

This Code applies to any person who commits a felony or misdemeanour following the date on which it comes into force.

1

Any person who commits a felony or misdemeanour prior to this Code coming into force is only subject to its terms in the event that the penalty hereunder is reduced than the penalty that would otherwise apply.

2

AS 54 757, 57 1328 and BS 3 203 1 [BS 1 3]. The said provision now corresponds to Art. 123 of the Federal Constitution of 18 April 1999 (SR 101).

2 Amended in accordance with No I 2 of the Federal Act of 8 Oct. 1999 on the Abolition of the Federal Assizes, in force since 1 March 2000 (AS 2000 505 511; BBl 1999 7922).

3 BBl 1918 IV 1 4 Amended in accordance with No I of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

1

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person indicated as editor (Art. 28 para. 2 and 3) does not in fact hold such a position, this shall also constitute an offence.286 Art. 322bis 287 Failure to prevent an illegal publication

Any person who, as the person responsible in terms of Article 28 paragraphs 2 and 3, wilfully fails to prevent the publication of material288, 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 person concerned acts through negligence, the penalty is a fine.

Title Nineteen:289 Bribery Art. 322ter 1. Bribery of Swiss public officials.

Bribery

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 advantage which is not due to him, or offers, promises or gives such an advantage to a third party, in order to cause that public official to carry out or to fail to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.

Art. 322quater

Acceptance of bribes

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 advantage which is not due to him for himself or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion, shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.

286

Part of sentence amended in accordance with No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

287 Inserted by No I of the Federal Act of 10 Oct. 1997, in force since 1 April 1998 (AS 1998 852 856; BBl 1996 IV 525).

288 Part of sentence amended in accordance with No II 2 of the Federal Act of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

289 Inserted by No I 1 of the Federal Act of 22 Dec. 1999 (Revision of the Criminal Law on Corruption), in force since 1 May 2000 (AS 2000 1121 1126; BBl 1999 5497).

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Book Two: Specific Provisions

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Art. 322quinquies Granting an advantage

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 advantage which is not due to him in order that he carries out his official duties, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 322sexies

Acceptance of an advantage

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 advantage which is not due to him in order that he carries out his official duties, shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.

Art. 322septies

2. Bribery of foreign public officials

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 advantage which is not due to him, 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 his official activities which is contrary to his duties or dependent on his 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 advantage which is not due to him for himself or for a third party in order that he carries out or fails to carry out an act in connection with his official activity which is contrary to his duty or dependent on his discretion290 shall be liable to a custodial sentence not exceeding five years or to a monetary penalty.

290

Paragraph inserted by Art. 2 No 2 of the Federal Decree 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).

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Art. 322octies 3. General provisions

1. ...291 2. Advantages that are permitted under the regulations on the conduct of official duties as well as negligible advantages that are common social practice are not regarded as undue advantages.

3. Private individuals who fulfil official duties are subject to the same provisions as public officials.

Title Twenty:292 Contraventions of Federal Law Art. 323293 Failure of a debtor to comply with the regulations governing debt collection and bankruptcy proceedings

The following persons shall be liable to a fine: 1. a debtor who is not present or has not appointed a representative to be present at the seizure of or the recording of an inventory of his assets of which he has been given lawful notice (Art. 91 para. 1 no. 1, 163 para. 2 and 345 para. 1294 DCBA295); 2. a debtor who fails to disclose his assets including those not in his possession, or his claims and rights against third parties to the extent required to obtain satisfaction by seizure or to implement an attachment (Art. 91 para. 1 Sec. 2 and 275 DCBA); 3. a debtor who fails to fully disclose his assets including those not in his possession, or his claims and rights against third parties on the recording of an inventory of assets (Art. 163 para. 2, 345 para. 1296 DCBA); 4. a debtor who fails to disclose or make available all his assets to the Bankruptcy Office (Art. 222 para. 1 DCBA); 5. a debtor who does not make himself available to the bankruptcy administrator during the bankruptcy proceedings unless he has special permission to be excused this duty (Art. 229 para. 1 DCBA).

291 292 293 294 295 296

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Repealed by No II 2 of the Federal Act of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

Originally Title 19.

Amended in accordance with Annex No 8 of the Federal Act of 16 Dec. 1994, in force since 1 Jan. 1997 (AS 1995 1227 1307; BBl 1991 III 1).

Now Art. 341 para. 1.

SR 281.1 Now Art. 341 para. 1.