Book One: General Provisions
Part One: Felonies and Misdemeanours
Title One: Scope of Application
< Art. 5 3. Territorial scope of application. / Offences against minors abroad
> Art. 7 3. Territorial scope of application. / Other offences committed abroad
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; and
- b.
- the person concerned remains in Switzerland and is not extradited to the foreign country.
2 The court shall determine 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 ECHR1, the person concerned shall not be 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 executed, waived, or has prescribed.
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 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.
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.