Military Criminal Law (Switzerland)
| Basic data | |
|---|---|
| Title: | Military Criminal Law |
| Abbreviation: | MStG |
| Type: | Federal law |
| Scope: | Switzerland , Swiss troops abroad |
| Legal matter: | Criminal law |
|
Systematic legal collection (SR) : |
321.0 |
| Original version from: | June 13, 1927 |
| Entry into force on: | January 1, 1928 |
| Last change by: | AS 2018 3803 (PDF; 532 kB) |
| Effective date of the last change: |
1st January 2019 |
| Please note the note on the applicable legal version. | |
The Military Criminal Code of controls in Switzerland essentially the substantive criminal law for the military sector. In contrast to the civil penal code, it is not used by the civil criminal authorities but by the military justice system .
Systematics within the legal system
Military criminal law is completely separate from civil criminal law. The general part of the military penal law largely corresponds to that of the civil penal code and some parallels can also be found in the special part.
scope
The criminal offenses of the Military Criminal Law are only applicable if the perpetrator is subject to military criminal law according to Art. 3 ff. MStG. In principle, the following are assumed for all criminal offenses:
- Military service providers in and outside of the military service with regard to official duties and military position (Art. 3 Para. 1 Numbers 1, 3 and 4 MStG);
- Persons required to submit statements during the orientation day and the rector's day, as well as outside of these days with regard to their statement of duty (Art. 3 Par. 1 No. 5 MStG);
- Professional military, federal border guards and people in the peacebuilding service on and off duty with regard to official duties and position or in uniform (Art. 3 Para. 1 Clause 6 MStG)
See also
Web links
Individual evidence
- ^ Stefan Trechsel, Peter Noll, Mark Pieth: Swiss Criminal Law General Part . 7th edition. Zurich / Basel / Geneva 2017, ISBN 978-3-7255-6594-8 , pp. 39 .
