Book One: General Provisions
Part One: Felonies and Misdemeanours
Title One: Scope of Application
< Art. 4 3. Territorial scope of application. / Felonies or misdemeanours against the state committed abroad
> Art. 6 3. Territorial scope of application. / Offences committed abroad prosecuted in terms of an international obligation
Art. 5
Offences against minors abroad
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), rape (Art. 190), sexual acts with a person incapable of proper judgment or resistance (Art. 191) or encouraging prostitution (Art. 195) if the victim was less than 18 years of age;
- b.
- sexual acts with children (Art. 187) if the victim was less than 14 years of age;
- c.
- aggravated pornography (Art. 197 no. 3) if the articles or representations depict sexual acts with children.
2 Unless the offence involves a gross violation of the principles of the Federal Constitution and the ECHR2, the person concerned shall not be 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, waived, or has prescribed.
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 shall decide 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 in accordance with Art. 2 No 1 of the Federal Decree of 24 March 2006 on the Approval and Implementation of the Optional Protocol of 25 May 2000 to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography, in force since 1 Dec. 2006 (AS 2006 5437 5440; BBl 2005 2807).
2 SR 0.101
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.