SCC Art. 333 -

Einleitung zur Rechtsnorm SCC:

Art. 333 SCC from 2024

Art. 333 Application of the General Provisions to other federal acts

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:

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 ⁽¹⁾ 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 of lengths differing from those mentioned in paragraph 2 and Article 41 as well as fines of amounts differing from those mentioned in Article 106 are reserved.

⁵ If another federal act provides for a fine to be imposed for a felony or misdemeanour, Article 34 applies. Rules on determining a penalty that differ from Article 34 do not apply. Article 8 of the Federal Act of 22 March 1974 on Administrative Criminal Law remains reserved. If the fine is limited to a sum under 1 080 000 francs, this limit no longer applies. If the fine is limited to a sum exceeding 1 080 000 francs, this limit continues to apply. In this case, the maximum number of daily penalty units equals the current maximum fine divided by 3000.

⁶ … ⁽²⁾

6bis If an offence carries a custodial sentence or a monetary penalty with a minimum number of daily penalty units, the lower limit also applies to the minimum number of days in custody. ⁽³⁾

⁷ The contraventions provided for in other federal acts are offences, even if they have been committed through negligence, unless only intentional commission is an offence in terms of the provision concerned.