Art. 5 SCC from 2025
Art. 5
1 This Code also applies to any person who is in Switzerland, is not being extradited and has committed any of the following offences abroad:
a. (1) trafficking in human beings (Art. 182), indecent assault (Art. 189 paras 2 and 3), rape (Art. 190 paras 2 and 3), abuse of persons incapable of proper judgment or resistance (Art. 191) or encouraging prostitution (Art. 195) if the victim was less than 18 years of age;abis. (2) sexual acts with dependent persons (Art. 188) and sexual acts with minors against payment (Art. 196);b. sexual acts with children (Art. 187) if the victim was less than 14 years of age;c. (3) aggravated pornography (Art. 197 para. 3 and 4) if the lis or recordings depict sexual acts with minors.2 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR (4) , the person concerned is not liable to further prosecution in Switzerland for the offence if:
a. he has been acquitted of the offence abroad in a legally binding judgment;b. the sentence that was imposed abroad has been served, remitted, or become time-barred.3 If the person concerned has been convicted of the offence abroad and if the sentence imposed abroad has been partly served, the court shall take the part served into account in the sentence to be imposed. The court decides whether a measure ordered abroad but only partly executed there must be continued or taken into account in the sentence imposed in Switzerland.
(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]).
(2) Inserted 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]).
(3) 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) [SR 0.101]
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.