Art. 6 SCC from 2024
Art. 6 Offences committed abroad prosecuted in terms of an international obligation
1 Any person who commits a felony or misdemeanour abroad that Switzerland is obliged to prosecute in terms of an international convention is subject to this Code provided:a. the act is also liable to prosecution at the place of commission or no criminal law jurisdiction applies at the place of commission; andb. the person concerned remains in Switzerland and is not extradited to the foreign country.
2 The court determines the sentence so that overall the person concerned is not treated more severely than would have been the case under the law at the place of commission.
3 Unless the offence involves a gross violation of the principles of the Federal Constitution and of the ECHR (1) , the person concerned is not liable to further prosecution in Switzerland 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.
4 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) [SR 0.101]
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
