Law of application of criminal law (Switzerland)

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The law on the application of penalties determines autonomously and regardless of any overlap with the sovereignty claims of other states where Swiss criminal law is applicable and who should fall under Swiss penal sovereignty. The right to apply penalties is regulated in Art. 3 ff. StGB .

Swiss law on the application of penalties knows a large number of connecting rules. In addition to the principle of territoriality (acts committed in Switzerland, Art. 3 Para. 1 StGB), which is the norm, cross-border criminal offenses can also be based on the flag principle (acts committed on an aircraft or ship under Swiss law), the state protection principle (against the existence or state legal interests of Switzerland, Art. 4 para. 1 StGB with catalog of offenses), the active (offenses committed by Swiss nationals, Art. 7 para. 2 StGB e contrario) and passive (against criminally protected legal interests of Swiss citizens directed acts, Art. 7 para. 2 StGB e contrario) personality principle as well as according to the principle of universal law (every act directed against universal legal interests, Art. 5, Art. 6, Art. 7 para. 2 let. b, Art. 264m StGB) of are subject to Swiss criminal law.

Articles 3–8 of the Criminal Code also apply to ancillary criminal law in accordance with Article 333 (1) of the Criminal Code (subject to deviating regulations).

The connection according to the territorial principle is substantiated by the limited ubiquity principle (Art. 8 StGB). The crime is considered to have been committed in Switzerland if either the place of execution or the place of success is in Switzerland. A domestic offense is therefore also present if the offense was committed abroad, but the actual success occurred in Switzerland.

Swiss criminal law is applied irrespective of the crime scene and nationality of the perpetrator in cases of: attack on the independence of Switzerland, high treason or treason against the Confederation, intelligence service activities against Switzerland, physical attacks on Swiss national emblems, endangerment of the constitutional order, disruption of military security , Falsifying orders or instructions, disrupting military service, trafficking in human beings , sexual assault, rape, desecration, promoting youth prostitution, sexual acts with children, obtaining and possessing child pornographic material.

Individual evidence

  1. ^ Mark Pieth: Commercial criminal law . Basel 2016, ISBN 978-3-7190-3655-3 , pp. 31 .
  2. ↑ Art. 97 Aviation Act of December 21, 1948 (LFG, SR 748.0), Art. 4 Paragraphs 2–3 of the Federal Act on Maritime Shipping under the Swiss Flag of September 23, 1953 (SR 747.30)
  3. ↑ and Art. 19 no. 4 Narcotics Act of October 3, 1951 (BetmG, SR 812.121)
  4. ↑ Andrés Payer: The concept of success in Art. 8 StGB . In: forumpoenale 2020 . ISSN  1662-5536 , p. 48 ff., 51 .
  5. ↑ Art. 4 StGB-CH
  6. ↑ Art. 5 Paragraph 1 a), b), c) StGB-CH.