Strafgesetzbuch (Switzerland)
Encyclopedia
The Strafgesetzbuch is the Criminal Code in Swiss law
. The original version was created on 21 December 1937. It entered into force on 1 January 1942. Previously, criminal law had been a cantonal
matter.
. Moreover, the competences for substantive law
was largely transferred from the cantons of the Confederation. The cantons retain only the competence on the regulations of cantonal procedural law and cantonal tax legislation and violations.
The code has been revised numerous times since 1942.
The most recent revision (as of 2010), in effect since 2007, introduced the possibility to convert short prison sentences (below one year) into fines, calculated based on a daily rate which has to be established based on the "personal and economic situation of the convict at the time of the verdict", with an upper limit set at CHF 3000 per day of the sentence.
Practically all prison sentences shorter than one year have since been converted into fines, conditional sentences (parole
) to conditional fines. This has caused controversy because the result is that lighter offences not punishable by imprisonment always result in unconditional fines, while more severe offences now often result in conditional fines that do not need to be paid at all.
The Federal Council
in October 2010 announced its intention to revert to the earlier system, and all large parties expressed at least partial support.
University of Bern
Basel University
Swiss law
Swiss law is a set of rules which constitutes the law in Switzerland.Swiss laws are identified by their number in the federal Systematische Rechtssammlung . The SR numbers are arranged topically and hierarchically.E.g...
. The original version was created on 21 December 1937. It entered into force on 1 January 1942. Previously, criminal law had been a cantonal
Cantons of Switzerland
The 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...
matter.
History
The Swiss Criminal Code is based on an initial draft by Carl Stoops in 1893. He proposed one of the first criminal codes that included both punishment and preemptive, safeguard measures. The original code was approved by the people on 3 July 1938 in a referendum, with 358,438 voting in favor to 312,030 voting against. With its entry into force on 1 January 1942, all federal legislation that contradicted the new Criminal Code was abolished. This especially included the death penalty, which was still in force in some cantons, such as the canton of ValaisValais
The Valais is one of the 26 cantons of Switzerland in the southwestern part of the country, around the valley of the Rhône from its headwaters to Lake Geneva, separating the Pennine Alps from the Bernese Alps. The canton is one of the drier parts of Switzerland in its central Rhône valley...
. Moreover, the competences for substantive law
Substantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...
was largely transferred from the cantons of the Confederation. The cantons retain only the competence on the regulations of cantonal procedural law and cantonal tax legislation and violations.
The code has been revised numerous times since 1942.
The most recent revision (as of 2010), in effect since 2007, introduced the possibility to convert short prison sentences (below one year) into fines, calculated based on a daily rate which has to be established based on the "personal and economic situation of the convict at the time of the verdict", with an upper limit set at CHF 3000 per day of the sentence.
Practically all prison sentences shorter than one year have since been converted into fines, conditional sentences (parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
) to conditional fines. This has caused controversy because the result is that lighter offences not punishable by imprisonment always result in unconditional fines, while more severe offences now often result in conditional fines that do not need to be paid at all.
The Federal Council
Federal Council
-Governmental bodies:* Federal Council of Australasia, a forerunner to the current Commonwealth of Australia* Federal Council of Austria, the upper house of the Austrian federal parliament...
in October 2010 announced its intention to revert to the earlier system, and all large parties expressed at least partial support.
General provisions (Article 1-110 of the Criminal Code)
First Book: The first book lays down general provisions which apply to the following books ("General"). The first book contains provisions on:- Scope
- Requirements of the offense (crimes and offenses, intent and negligence, lawful acts and blame, attempt, participation, criminality of the media agency relationships)
- Criminal complaints
- Sanctions and measures (fines, community service, imprisonment, conditional and partial probation, sentencing, decriminalization or termination of proceedings, therapeutic measures and custody, other measures)
- Execution of Penalties
- Probation, transfers and voluntary social care
- Limitation
- Control of the enterprise
- Rules in violations
- Definitions
Specific provisions (Articles 111-332 of the Penal Code)
Second Book: This specifies what actions are punishable. The second book is divided into 20 titles that summarize the various crimes ("Special Section"):- Criminal acts against life and limb
- Criminal acts against property
- Criminal actions against the honor and the private sector
- Crimes and crimes against freedom
- Criminal acts against sexual integrity
- Crimes and offenses against family
- Community dangerous crimes and misdemeanors
- Crimes and crimes against public health
- Crimes and crimes against the public transport
- Counterfeiting of currency, postage stamps, official marks, weights and measures
- Forgery
- Crimes and crimes against the public peace
- Crimes against the interests of the international community
- Crimes and crimes against the state and national defense
- Crimes against the people's will
- Offenses against public authority
- Disruption of foreign relations
- Crimes and offenses against the administration of justice
- Offenses against the official and professional duty
- Corruption
- Violations of civil service legislation
Introduction and application of the law (Article 333-392 of the Penal Code)
Third Book: The third book mainly covers the powers of courts and defines the process requirements.Literature
Zürich University- Andreas Donatsch, Brigitte Tag: Strafrecht I, Verbrechenslehre - 8. Auflage; Zürich 2006
- Christian Schwarzenegger, Markus Hug, Daniel Jositsch: Strafrecht II, Strafen und Massnahmen - 8. Auflage; Zürich 2007
- Jörg Rehberg, Niklaus Schmid, Andreas Donatsch: Strafrecht III, Delikte gegen den Einzelnen - 8. Auflage; Zürich 2003
- Andreas Donatsch, Wolfgang Wohlers: Strafrecht IV, Delikte gegen die Allgemeinheit - 3. Auflage; Zürich 2004
University of Bern
- Günter Stratenwerth: Schweizerisches Strafrecht, Allgemeiner Teil: Die Straftat - 3. Auflage; Bern 2005
- Günter Stratenwerth: Schweizerisches Strafrecht, Allgemeiner Teil II: Strafen und Massnahmen - 2. Auflage; Bern 2006
- Guido Jenny, Günter Stratenwerth: Schweizerisches Strafrecht, Besonderer Teil I: Straftaten gegen Individualinteressen - 6. Auflage; Bern 2003
Basel University
- Niggli / Wiprächtiger (eds.), Basler Kommentar Strafrecht I + II («Basler Kommentar»), ISBN 978-3-7190-2660-8