The Swiss Criminal Code (SR/RS 311, German: Strafgesetzbuch (StGB), French: Code pénal suisse (CP), Italian: Codice penale svizzero (CP), Romansh: Cudesch penal svizzer) is a portion of the third part (SR/RS 3) of the internal Swiss law ("Private law - Administration of civil justice - Enforcement") that regulates the criminal code in Switzerland. The original version was created on 21 December 1937. It entered into force on 1 January 1942. Previously, criminal law had been a cantonal competency.[1][2]
The Swiss Criminal Code was based on an initial draft by Carl Stooss 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 cantonal legislation that contradicted the new Criminal Code was abolished. This especially included the civilian death penalty, which was still in force in some cantons, as well as the criminalization of gay sex. Moreover, the competences for substantive law were largely transferred from the cantons to the Confederation. The cantons retained only the competence in procedural law and cantonal tax legislation and violations.
The code has been revised numerous times since 1942. The most recent significant revision took effect in 2007 and introduced the possibility to convert short prison sentences (less than one year) into fines, calculated using a day-rate 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.[3]
Structureedit
General provisions (articles 1-110 of the Criminal Code)edit
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)edit
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 physical integrity
Criminal acts against property
Criminal acts against honour and privacy
Criminal acts and against freedom
Criminal acts against sexual integrity
Art. 189: Sexual assault. Sexual acts committed with the use of coercion, threats, violence psychological pressure or by disabling somebody's capability to defend oneself.
Art. 190: Rape. Same as sexual assault, but the victim is female, and the sexual act must be a coitus or a coitus-like act.
Art. 191: Defilement. Sexual acts with a defenseless person, or one incapable of judgment.
Criminal acts against the family
Criminal acts against the community
Criminal acts against public health
Criminal acts against public transport
Counterfeiting of currency, postage stamps, official marks, weights and measures
Forgery
Criminal acts and crimes against the peace
Criminal acts against the interests of the international community
Criminal acts against the state and national defence
Criminal acts against the functioning of democracy
Insubmission to a legitimate public authority
Disruption of foreign relations
Criminal acts against the administration of justice
Criminal acts against official and professional duty
Corruption
Violations of civil service legislation
Introduction and application of the law (articles 333-392 of the Penal Code)edit
Third Book: The third book mainly covers the powers of courts and defines procedural requirements.
Günter Stratenwerth: Schweizerisches Strafrecht, Allgemeiner Teil II: Strafen und Massnahmen - 2. Auflage; Bern 2006, ISBN978-3-7272-0799-0
Günter Stratenwerth, Guido Jenny, Felix Bommer: Schweizerisches Strafrecht, Besonderer Teil I: Straftaten gegen Individualinteressen – 7. Auflage, Bern 2010, ISBN978-3-7272-8658-2
Günter Stratenwerth, Felix Bommer: Schweizerisches Strafrecht, Besonderer Teil II: Straftaten gegen Gemeininteressen – 7. Auflage, Bern 2013, ISBN978-3-7272-8684-1
Referencesedit
^"SR 311 Schweizerisches Strafgesetzbuch" (official website) (in German, French, and Italian). Berne, Switzerland. 10 September 2016. Retrieved 14 September 2016.
^"SR 311.0 Swiss Civil Code of 21 December 1937 (Status as of 1 July 2016)" (official website). Berne, Switzerland: Swiss Federal Council. 10 September 2016. Retrieved 14 September 2016.
^sda, ed. (29 October 2010). "Bedingte Geldstrafe bald abgeschafft?". 20 Minuten (in German). Zurich, Switzerland. Retrieved 17 September 2016.
External linksedit
English semi-official translation:
SR 311.0 Swiss Civil Code of 21 December 1937 (Status as of 1 July 2016), official website
Legal text of the StGB, reduced to its essence. (PDF-Datei; 596 kB) (in German)
swiss, criminal, code, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, books, scholar, jstor, sept. This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Swiss Criminal Code news newspapers books scholar JSTOR September 2016 Learn how and when to remove this message The Swiss Criminal Code SR RS 311 German Strafgesetzbuch StGB French Code penal suisse CP Italian Codice penale svizzero CP Romansh Cudesch penal svizzer is a portion of the third part SR RS 3 of the internal Swiss law Private law Administration of civil justice Enforcement that regulates the criminal code in Switzerland The original version was created on 21 December 1937 It entered into force on 1 January 1942 Previously criminal law had been a cantonal competency 1 2 Swiss Criminal CodeFederal Assembly of SwitzerlandLong title German Strafgesetzbuch StGB French Code penal suisse CP Italian Codice penale svizzero CP Romansh Cudesch penal svizzerTerritorial extentSwitzerlandEnacted byFederal Assembly of SwitzerlandEnacted20 December 1937Commenced01 January 1942Amended by01 March 2018Related legislationSwiss Military Criminal CodeStatus Current legislation Contents 1 History 2 Structure 2 1 General provisions articles 1 110 of the Criminal Code 2 2 Specific provisions articles 111 332 of the Penal Code 2 3 Introduction and application of the law articles 333 392 of the Penal Code 3 See also 4 Literature 5 References 6 External linksHistory editThe Swiss Criminal Code was based on an initial draft by Carl Stooss 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 cantonal legislation that contradicted the new Criminal Code was abolished This especially included the civilian death penalty which was still in force in some cantons as well as the criminalization of gay sex Moreover the competences for substantive law were largely transferred from the cantons to the Confederation The cantons retained only the competence in procedural law and cantonal tax legislation and violations The code has been revised numerous times since 1942 The most recent significant revision took effect in 2007 and introduced the possibility to convert short prison sentences less than one year into fines calculated using a day rate 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 3 Structure editGeneral provisions articles 1 110 of the Criminal Code edit 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 edit 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 physical integrity Criminal acts against property Criminal acts against honour and privacy Criminal acts and against freedom Criminal acts against sexual integrity Art 189 Sexual assault Sexual acts committed with the use of coercion threats violence psychological pressure or by disabling somebody s capability to defend oneself Art 190 Rape Same as sexual assault but the victim is female and the sexual act must be a coitus or a coitus like act Art 191 Defilement Sexual acts with a defenseless person or one incapable of judgment Criminal acts against the family Criminal acts against the community Criminal acts against public health Criminal acts against public transport Counterfeiting of currency postage stamps official marks weights and measures Forgery Criminal acts and crimes against the peace Criminal acts against the interests of the international community Criminal acts against the state and national defence Criminal acts against the functioning of democracy Insubmission to a legitimate public authority Disruption of foreign relations Criminal acts against the administration of justice Criminal acts against official and professional duty Corruption Violations of civil service legislation Introduction and application of the law articles 333 392 of the Penal Code edit Third Book The third book mainly covers the powers of courts and defines procedural requirements See also editSwiss law Swiss Civil Code Swiss Code of Obligations Crime in Switzerland Federal act Switzerland Inheritance law in SwitzerlandLiterature editZurich Andreas Donatsch Brigitte Tag Strafrecht I Verbrechenslehre 9 Auflage Zurich Basel Genf 2013 Daniel Jositsch Gian Ege Christian Schwarzenegger Strafrecht II Strafen und Massnahmen 9 Auflage Zurich Basel Genf 2018 Andreas Donatsch Strafrecht III Delikte gegen den Einzelnen 11 Auflage Zurich Basel Genf 2018 Andreas Donatsch Marc Thommen Wolfgang Wohlers Strafrecht IV Delikte gegen die Allgemeinheit 5 Auflage Zurich Basel Genf 2017 Gunther Stratenwerth Gunter Stratenwerth Schweizerisches Strafrecht Allgemeiner Teil Die Straftat 4 Auflage Bern 2011 ISBN 978 3 7272 8667 4 Gunter Stratenwerth Schweizerisches Strafrecht Allgemeiner Teil II Strafen und Massnahmen 2 Auflage Bern 2006 ISBN 978 3 7272 0799 0 Gunter Stratenwerth Guido Jenny Felix Bommer Schweizerisches Strafrecht Besonderer Teil I Straftaten gegen Individualinteressen 7 Auflage Bern 2010 ISBN 978 3 7272 8658 2 Gunter Stratenwerth Felix Bommer Schweizerisches Strafrecht Besonderer Teil II Straftaten gegen Gemeininteressen 7 Auflage Bern 2013 ISBN 978 3 7272 8684 1References edit SR 311 Schweizerisches Strafgesetzbuch official website in German French and Italian Berne Switzerland 10 September 2016 Retrieved 14 September 2016 SR 311 0 Swiss Civil Code of 21 December 1937 Status as of 1 July 2016 official website Berne Switzerland Swiss Federal Council 10 September 2016 Retrieved 14 September 2016 sda ed 29 October 2010 Bedingte Geldstrafe bald abgeschafft 20 Minuten in German Zurich Switzerland Retrieved 17 September 2016 External links editEnglish semi official translation SR 311 0 Swiss Civil Code of 21 December 1937 Status as of 1 July 2016 official website Legal text of the StGB reduced to its essence PDF Datei 596 kB in German Portals nbsp Switzerland nbsp Law Retrieved from https en wikipedia org w index php title Swiss Criminal Code amp oldid 1191032005, wikipedia, wiki, book, books, library,