Swiss Criminal Code (SCC)

Introduction StGB

The Swiss Criminal Code (StGB) is the central law that regulates criminal acts and the corresponding penalties in Switzerland. It covers a wide range of criminal offenses, ranging from theft to assault and fraud. The Criminal Code also establishes the principles of criminal liability, such as, for example, guilt and punishability. It also regulates the various types of penalties that can be imposed, such as fines, imprisonment or community service. The Criminal Code serves as the basis for criminal prosecution and case law in Switzerland.

The articles StGB

Art. 1 Part One: Felonies and MisdemeanourTitle One: Scope of Application1. No penalty without a law
Art. 2 2. Commencement of applicability of the Code
Art. 3 3. Territorial scope of applicationFelonies or misdemeanours in Switzerland
Art. 4 Felonies or misdemeanours against the state committed abroad
Art. 5
Art. 6 Offences committed abroad prosecuted in terms of an international obligation
Art. 7 Other offences committed abroad
Art. 8 Place of commission
Art. 9 4. Personal scope of application
Art. 10 Title Two: Criminal Liability1. Felonies and misdemeanoursDefinition
Art. 11 Commission by omission
Art. 12 2. Intention and negligenceDefinitions
Art. 13 Error of fact
Art. 14 3. Lawful acts and guiltAct permitted by law
Art. 15 Legitimate self-defence
Art. 16 Mitigatory self-defence
Art. 17 Legitimate act in a situation of necessity
Art. 18 Mitigatory act in a situation of necessity
Art. 19 Absence of legal responsibility due to a mental disorder and diminished responsibility
Art. 20 Doubt as to legal responsibility
Art. 21 Error as to unlawfulness
Art. 22 4. AttemptsCriminal liability for attempts
Art. 23 Withdrawal and active repentance
Art. 24 5. ParticipationIncitement
Art. 25 Complicity
Art. 26 Participation in a special offence
Art. 27 Personal circumstances
Art. 28 6. Criminal liability of the media
Art. 28a Protection of sources
Art. 29 7. Agency relationships
Art. 30 8. Criminal complaintRight to file a complaint
Art. 31 Time limit for filing a complaint
Art. 32 Indivisibility
Art. 33 Withdrawal of a complaint
Art. 34 1. Monetary penaltyAssessment
Art. 35 Execution
Art. 36 Alternative custodial sentence
Art. 3739 2. ...
Art. 40 3. Custodial sentenceTerm
Art. 41 Custodial sentence instead of a monetary penalty
Art. 42 Section Two: Suspended and Partially Suspended Sentences1. Suspended sentences
Art. 43
Art. 44 3. General provisionsProbationary period
Art. 45 Successful completion of probation
Art. 46 Breach of probation
Art. 47 Section Three: Determination of the Sentence1. Principle
Art. 48 2. Mitigation of the sentenceGrounds
Art. 48a Effect
Art. 49 3. Concurrent sentencing
Art. 50 4. Obligation to justify
Art. 51 5. Taking account of time spend on remand
Art. 52
Art. 53 Reparation
Art. 54 Effect on the offender of his act
Art. 55 2. General provisions
Art. 55a
Art. 56 Therapeutic Measures and Indefinite Incarceration
Art. 56a Concurrent measures
Art. 57 Relationship between measures and penalties
Art. 58 Implementation
Art. 59 2. In-patient therapeutic measuresTreatment of mental disorders
Art. 60 Treatment of addiction
Art. 61 Measures for young adults
Art. 62 Parole
Art. 62a Breach of probation
Art. 62b Final release
Art. 62c Termination of a measure
Art. 62d Consideration of release and the termination of measures
Art. 63 3. Out-patient treatmentRequirements and implementation
Art. 63a Termination of the measure
Art. 63b Execution of the suspended custodial sentence
Art. 64 4. Indefinite incarcerationRequirements and execution
Art. 64a Revocation and release
Art. 64b Consideration of release
Art. 64c Consideration of release from lifelong incarceration and parole
Art. 65 5. Modification of the sanction
Art. 66 Section Two: Other Measures1. Good behaviour bond
Art. 66a 1a. Expulsion.a. Mandatory expulsion
Art. 66abis b. Non-mandatory expulsion
Art. 66b c. Common provisions. Repeat offence
Art. 66c d. Time of enforcement
Art. 66d e. Deferring enforcement of mandatory expulsion
Art. 67 2. Prohibition from carrying on an activity, contact prohibition and exclusion ordera. Prohibition from carrying on an activity, requirements
Art. 67a Content and scope
Art. 67b b. Contact prohibition and exclusion order
Art. 67c c. Common provisionsEnforcement of prohibition orders
Art. 67d Modification of a prohibition order or subsequent imposition of a prohibition order
Art. 67e 3. Disqualification from driving
Art. 67f
Art. 68 4. Publication of the judgment
Art. 69 5. Forfeiturea. Forfeiture of dangerous objects
Art. 70 b. Forfeiture of assetsPrinciples
Art. 71 Equivalent claim
Art. 72 Forfeiture of assets of a criminal or terrorist organisation
Art. 73 6. Use for the benefit of the person harmed
Art. 74 Execution of Custodial Sentences and Custodial Measures
Art. 75 2. Execution of custodial sentencesPrinciples
Art. 75a Special security measures
Art. 76 Place of execution
Art. 77 Normal execution
Art. 77a Day release employment and external accommodation
Art. 77b Semi-detention
Art. 78 Solitary confinement
Art. 79
Art. 79a Community service
Art. 79b Electronic monitoring
Art. 80 Other forms of sentence execution
Art. 81 Work
Art. 82 Basic and advanced training
Art. 83 Wages
Art. 84 Relations with the outside world
Art. 85 Searches and inspections
Art. 86 Parolea. Granting of parole
Art. 87 b. Probationary period
Art. 88 c. Successful completion of probation
Art. 89 d. Breach of probation
Art. 90 3. Execution of measures
Art. 91 4. General provisionsDisciplinary regulations
Art. 92 Interruption of execution
Art. 92a Right to information
Art. 93 Probation Assistance, Conduct Orders and Voluntary Social Supervision
Art. 94 Conduct orders
Art. 95 General provisions
Art. 96 Social assistance
Art. 97 Title Six: Statute of Limitations1. Limitation of prosecution rightsPeriods
Art. 98 Commencement
Art. 99 2. Limitation period for the execution of a sentencePeriods
Art. 100 Commencement
Art. 101 3. Exclusion from limitation
Art. 102 Title Seven: Corporate Criminal LiabilityLiability under the criminal law
Art. 102a
Art. 103 Part Two: ContraventionsDefinition
Art. 104 Application of the provisions of the First Part
Art. 105 No or conditional applicability
Art. 106 Fines
Art. 107
Art. 108
Art. 109 Limitation
Art. 110 Part Three: Terms and Definitions
Art. 111 Title One: Offences against Life and Limb1. HomicideIntentional homicide
Art. 112 Murder
Art. 113 Manslaughter
Art. 114 Homicide at the request of the victim
Art. 115 Inciting and assisting suicide
Art. 116 Infanticide
Art. 117 Homicide through negligence
Art. 118 2. AbortionIllegal abortion
Art. 119 Legal abortion
Art. 120 Contraventions by physicians
Art. 121
Art. 122 3. AssaultSerious assault
Art. 123 Common assault
Art. 124 Female genital mutilation
Art. 125 Assault through negligence
Art. 126 Acts of aggression
Art. 127 4. Endangering the life or health of anotherAbandonment
Art. 128 Failure to offer aid in an emergency
Art. 128bis False alarm
Art. 129 Endangering life
Art. 130132
Art. 133 Brawling
Art. 134 Attack
Art. 135 Representations of acts of violence
Art. 136 Administering substances capable of causing injury to children
Art. 137 1. Offences against propertyUnlawful appropriation
Art. 138 Misappropriation
Art. 139 Theft
Art. 140 Robbery
Art. 141 Removal of property
Art. 141bis Unlawful use of financial assets
Art. 142 Unlawful abstraction of energy
Art. 143 Unauthorised obtaining of data
Art. 143bis Unauthorised access to a data processing system
Art. 144 Criminal damage
Art. 144bis Damage to data
Art. 145 Misappropriation and removal of property subject to a pledge or lien
Art. 146 Fraud
Art. 147 Computer fraud
Art. 148 Misuse of a cheque card or credit card
Art. 148a Unlawful claim for social insurance or social assistance benefits
Art. 149 Making off from a hotel, restaurant or bar without payment
Art. 150 Obtaining a service without payment
Art. 150bis Production and marketing of equipment for the unauthorised decoding of encoded services
Art. 151 Maliciously causing financial loss to another
Art. 152 False statements about commercial business
Art. 153 False statements to the commercial register authorities
Art. 154 Criminal liability of members of the board of directors and the executive board of companies whose shares are listed on a stock exchange
Art. 155 Counterfeiting of goods
Art. 156 Extortion
Art. 157 Profiteering
Art. 158 Criminal mismanagement
Art. 159 Misuse of salary deductions
Art. 160 Handling stolen goods
Art. 161
Art. 161bis
Art. 162 2. Breach of manufacturing or trade secrecy
Art. 163 3. Bankruptcy and debt collection felonies or misdemeanoursFraudulent bankruptcy and fraud against seizure
Art. 164 Reduction of assets to the prejudice of creditors
Art. 165 Mismanagement
Art. 166 Failure to keep proper accounts
Art. 167 Undue preference to creditors
Art. 168 Subornation in enforcement proceedings
Art. 169 Disposal of seized assets
Art. 170 Obtaining a judicial composition agreement by fraud
Art. 171 Judicial composition agreement
Art. 171bis Revocation of bankruptcy
Art. 172 4. General provisions
Art. 172bis
Art. 172ter Minor offences against property
Art. 173 1. Offence against personal honourDefamation
Art. 174 Wilful defamation
Art. 175 Defamation of a deceased person or of a person missing presumed dead
Art. 176 General provision
Art. 177 Insult
Art. 178 Limitation
Art. 179 Breach of the privacy of a sealed document
Art. 179bis Listening in on and recording the conversations of others
Art. 179ter Unauthorised recording of conversations
Art. 179quater Breach of secrecy or privacy through the use of an image-carrying device
Art. 179quinquies Legal recordings
Art. 179sexies Marketing and promotion of devices for unlawful listening or sound or image recording
Art. 179septies Misuse of a telecommunications installation
Art. 179octies Official surveillance, exempted acts
Art. 179novies Obtaining personal data without authorisation
Art. 180 Title Four: Felonies and Misdemeanours against LibertyThreatening behaviour
Art. 181 Coercion
Art. 181a Forced marriage, forced registered partnership
Art. 182 Trafficking in human beings
Art. 183 False imprisonment and abduction
Art. 184 Aggravating circumstances
Art. 185 Hostage taking
Art. 185bis Enforced disappearance
Art. 186 Unlawful entry
Art. 187 1. Endangering the development of minorsSexual acts with children
Art. 188 Sexual acts with dependent persons
Art. 189 2. Offences against sexual liberty and honourIndecent assault
Art. 190 Rape
Art. 191 Sexual acts with persons incapable of judgement or resistance
Art. 192 Sexual acts with persons in institutional care, prisoners and persons on remand
Art. 193 Exploitation of a person in a position of need or dependency
Art. 194 Indecent conduct
Art. 195 3. Exploitation of sexual actsEncouraging prostitution
Art. 196 Sexual acts with minors against payment
Art. 197 4. Pornography
Art. 198 5. Contraventions against sexual integritySexual harassment
Art. 199 Unauthorised practice of prostitution
Art. 200 6. Joint commission
Art. 201212
Art. 213 Title Six: Felonies and Misdemeanours against the FamilyIncest
Art. 214
Art. 215 Bigamy
Art. 216
Art. 217 Neglect of duty to support the family
Art. 218
Art. 219 Neglect of duties of care, supervision or education
Art. 220 Abduction of minors
Art. 221 Felonies and Misdemeanours constituting a Public Danger
Art. 222 Negligent arson
Art. 223 Causing an explosion
Art. 224 Misuse of explosives and toxic gases with criminal intent
Art. 225 Misuse of explosives or toxic gases without criminal intent or through negligence
Art. 226 Manufacture, concealment and transport of explosives and toxic gases
Art. 226bis Causing danger by means of nuclear energy, radioactivity or ionising radiation
Art. 226ter Preparatory offences
Art. 227 Causing a flood, collapse or landslide
Art. 228 Criminal damage to electrical installations, and hydraulic or protective structures
Art. 229 Violation of construction regulations
Art. 230 Removal or non-installation of safety devices
Art. 230bis Felonies and Misdemeanours against Public Health
Art. 231 Transmission of human diseases
Art. 232 Transmission of an epizootic disease
Art. 233 Propagation of harmful parasites
Art. 234 Contamination of drinking water
Art. 235 Production of harmful animal feed
Art. 236 Marketing of harmful animal feed
Art. 237 Felonies and Misdemeanours against Public TrafficDisruption of public traffic
Art. 238 Disruption of rail traffic
Art. 239 Disruption of public services
Art. 240 Counterfeiting of Money, Official Stamps, Official Marks, Weights and Measures
Art. 241 Falsification of money
Art. 242 Passing or tendering counterfeit money
Art. 243 Imitation of bank notes, coins or official stamps without intent to commit forgery
Art. 244 Import, acquisition and storage of counterfeit money
Art. 245 Forgery of official stamps
Art. 246 Forgery of official marks
Art. 247 Counterfeiting equipment and unlawful use of equipment
Art. 248 Falsification of weights and measures
Art. 249 Forfeiture
Art. 250 Foreign currency and stamps
Art. 251 Title Eleven: ForgeryForgery of a document
Art. 252 Forgery of certificates
Art. 253 Obtaining a false certificate by fraud
Art. 254 Suppression of documents
Art. 255 Official foreign documents
Art. 256 Moving of boundary markers
Art. 257 Removal of survey points and water level indicators
Art. 258 Felonies and Misdemeanours against Public Order
Art. 259 Public incitement to commit a felony or act of violence
Art. 260 Rioting
Art. 260bis Acts preparatory to the commission of an offence
Art. 260ter Criminal or terrorist organisation
Art. 260quater Endangering public safety with weapons
Art. 260quinquies Financing terrorism
Art. 260sexies Recruiting, training and travelling with a view to committing a terrorist offence
Art. 261 Attack on the freedom of faith and the freedom to worship
Art. 261bis Discrimination and incitement to hatred
Art. 262 Disturbing the peace of the dead
Art. 263 Committing an offence while in a state of voluntarily induced mental incapacity
Art. 264 Genocide
Art. 264a h. Deportation or forcible transferi. Persecution and apartheidj. Other inhumane acts
Art. 264b 1. Scope of application
Art. 264c 2. Serious violations of the Geneva Conventions
Art. 264d 3. Other war crimesa. Attacks on civilians and civilian objects
Art. 264e b. Unjustified medical treatment, violation of sexual rights and human dignity
Art. 264f c. Recruitment and use of child soldiers
Art. 264g d. Prohibited methods of warfare
Art. 264h e. Use of prohibited weapons
Art. 264i 4. Violation of a ceasefire or peace agreement. Offences against a peace negotiator. Delayed repatriation of prisoners of war
Art. 264j 5. Other violations of international humanitarian law
Art. 264k Criminal liability of superiors
Art. 264l Acting on orders
Art. 264m Acts carried out abroad
Art. 264n Exclusion of relative immunity
Art. 265 1. Felonies and misdemeanours against the stateHigh treason
Art. 266 Attacks on the independence of the Confederation
Art. 266bis Foreign operations and activities directed against the security of Switzerland
Art. 267 Diplomatic treason
Art. 268 Moving of national boundary markers
Art. 269 Violation of Swiss territorial sovereignty
Art. 270 Attacks on Swiss national emblems
Art. 271 Unlawful activities on behalf of a foreign state
Art. 272 2. EspionagePolitical espionage
Art. 273 Industrial espionage
Art. 274 Military espionage
Art. 275 3. Endangering the constitutional orderAttacks on the constitutional order
Art. 275bis Subversive propaganda
Art. 275ter Unlawful association
Art. 276 4. Disruption of military securityIncitement and inducement to violate military duties
Art. 277 Forgery of military orders or instructions
Art. 278 Disruption of military service
Art. 279 Misdemeanours against the Will of the People
Art. 280 Attacks on the right to vote
Art. 281 Corrupt electoral practices
Art. 282 Electoral fraud
Art. 282bis Vote catching
Art. 283 Breach of voting secrecy
Art. 284
Art. 285 Title Fifteen: Offences against Official PowersViolence and threats against public authorities and public officials
Art. 286 Prevention of an official act
Art. 287 Usurpation office
Art. 288
Art. 289 Removal of seized property
Art. 290 Breaking the seals
Art. 291 Breach of an expulsion order
Art. 292 Contempt official orders
Art. 293 Publication of secret official proceedings
Art. 294 Breach of an activity prohibition order or a contact prohibition and exclusion order
Art. 295 Failure to comply with probation assistance or instructions
Art. 296 Title Sixteen: Offences detrimental to Foreign RelationsInsulting a foreign state
Art. 297 Insulting an international organisation
Art. 298 Attacks on the national emblems of a foreign state
Art. 299 Violation of foreign territorial sovereignty
Art. 300 Hostility towards a country at war or foreign troops
Art. 301 Military espionage against a foreign state
Art. 302 Prosecution
Art. 303 Felonies and Misdemeanours against the Administration of Justice
Art. 304 Misleading the judicial authorities
Art. 305 Assisting offenders
Art. 305bis Money laundering
Art. 305ter
Art. 306 Perjury by a party to civil proceedings
Art. 307 Perjury. Perjury by an expert witness. False translation
Art. 308 Mitigation of the sentence
Art. 309 Administrative cases and proceedings before international courts
Art. 310 Assisting prisoners to escape
Art. 311 Prison mutiny
Art. 312 Offences against Official or Professional Duty
Art. 313 Overcharging of taxes
Art. 314 Misconduct in public office
Art. 315316
Art. 317 Forgery of a document by a public official
Art. 317bis Exempted acts
Art. 318 Issuing a false medical certificate
Art. 319 Assistance by a public official in the escape of prisoners
Art. 320 Breach of official secrecy
Art. 321 Breach of professional confidentiality
Art. 321bis Breach of professional confidentiality in research involving human beings
Art. 321ter Breach of postal or telecommunications secrecy
Art. 322 Breach of the media duty to provide information
Art. 322bis Failure to prevent an illegal publication
Art. 322ter 1. Bribery of Swiss public officialsBribery
Art. 322quater Acceptance of bribes
Art. 322quinquies Granting an advantage
Art. 322sexies Acceptance of an advantage
Art. 322septies 2. Bribery of foreign public officials
Art. 322octies 3. Bribery of private individualsBribery
Art. 322novies Accepting bribes
Art. 322decies 4. General provisions
Art. 323 Failure of a debtor to comply with the regulations governing Debt Enforcement and Bankruptcy proceedings
Art. 324 Failure of third parties to comply with the regulations governing debt collection, bankruptcy and composition proceedings
Art. 325 Failure to comply with accounting regulations
Art. 325bis Infringement of the regulations on reporting payments to state bodies
Art. 325ter Infringement of other reporting obligations
Art. 325quater Failure to comply with the regulations governing the protection of tenants of domestic and commercial properties
Art. 326 Application to legal entities, trading companies and sole proprietorships

Footnote relevant to German text only.

1. ...
Art. 326bis
Art. 326ter Contravention of the law on business and other names
Art. 326quater Provision of false information by an employee benefits institution
Art. 327 Violation of obligations to give notice of the beneficial owner of shares or capital contributions
Art. 327a Violation of company law obligations on keeping registers
Art. 327b Failure to comply with the statutory obligations of associations
Art. 328 Reproduction of postage stamps without intent to commit forgery
Art. 329 Breach of military secrecy
Art. 330 Trading in material requisitioned by the armed forces
Art. 331 Unauthorised wearing of the military uniform
Art. 332 Failure to report a find
Art. 333 Relationship between this Code and other Federal and Cantonal Acts
Art. 334 Reference to repealed provisions
Art. 335 Cantonal acts
Art. 336338 Title Two: ...
Art. 339348 Title Three: ...
Art. 349a 1. Protection of personal data. a. Legal basis
Art. 349b b. Equal treatment
Art. 349c c. Disclosure of personal data to a third country or an international body
Art. 349d d. Disclosure of personal data by a Schengen State to a third country or an international body
Art. 349e e. Disclosure of personal data to a recipient established in a third country
Art. 349f f. Accuracy of personal data
Art. 349g g. Verification of the legality of the data processing
Art. 349h h. Investigation
Art. 350
Art. 351
Art. 352
Art. 353
Art. 354
Art. 355 4. ...
Art. 355a
Art. 355b
Art. 355c 5bis. Cooperation under the Schengen Association Agreement. Jurisdiction
Art. 355d 5ter. ...
Art. 355e 5quater. SIRENE Office
Art. 355
Art. 356361
Art. 362 6. Notification in relation to pornography
Art. 363 Title Five: ...
Art. 364
Art. 365 Title Six: Register of Criminal ConvictionsPurpose
Art. 366 Content
Art. 367 Processing of and access to data
Art. 368 Notice of information subject to registration
Art. 369 Removal of entries
Art. 369a Removal of convictions involving an activity prohibition order or a contact prohibition and exclusion order
Art. 370 Right to inspect
Art. 371
Art. 371a Special private extract
Art. 372 Execution of Sentences and Measures, Probation Assistance, Institutions and Facilities
Art. 373 2. Monetary penalties, fines, costs and forfeituresExecution
Art. 374 Right of disposal
Art. 375 3. Community service
Art. 376 4. Probation assistance
Art. 377 5. Institutions and facilitiesDuty of the cantons to establish and operate
Art. 378 Cooperation between the cantons
Art. 379 Licensing of private institutions
Art. 380 Allocation of costs
Art. 380a Liability in Cases of Discharge from Lifelong Incarceration
Art. 381 Title Eight: Pardons, Amnesties, Re-opening of Cases1. PardonsJurisdiction
Art. 382 Pardon petition
Art. 383 Effects
Art. 384 2. Amnesties
Art. 385 3. Re-opening of cases
Art. 386 Preventive Measures, Supplementary Provisions and General Transitional Provisions
Art. 387 2. Supplementary provisions of the Federal Council
Art. 388 3. General transitional provisionsExecution of earlier judgments
Art. 389 Limitation
Art. 390 Offences prosecuted on complaint
Art. 391 4. Cantonal transitional provisions
Art. 392 5. Commencement of this Code