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The scope of application regulates who is subject to Swiss criminal jurisdiction.
According to Art. 3 para. 1 Swiss Criminal Code, all persons who commit a felony or misdemeanor in Switzerland are subject to the Swiss Criminal Code. By ‘in Switzerland’, the territory of Switzerland including the space above and below the earth’s surface is meant. In addition, the flag principle states that acts committed on a ship or aircraft flying the Swiss flag are also covered by the Swiss Penal Code (Art. 4 para. 2-4 Federal Law on Maritime Navigation under the Swiss Flag (SSG) and Art. 97 ff. Federal Law on Aviation (LFG)). If you would like to inquire whether or not you are subject to the Criminal Code according to the principle of territoriality, please contact one of our criminal attorney in St. Gallen, Zurich or Frauenfeld.
According to the principle of ubiquity, a crime or misdemeanor is considered to have been committed where the perpetrator commits the crime or unlawfully omits to act, and at the place where the offence has taken effect (Art. 8 para. 1 CC). More detailed explanations on the negligence to act in a given situation can be given by lawyers for criminal law in Zurich, Frauenfeld and St. Gallen. It is possible to commit the same criminal act in several places. Criminal penalties already served abroad are credited to the offender since a Swiss court must take the sentence served into account in determining the sentence to be imposed in Switzerland (Art. 3 para. 2 CC). If the person has been prosecuted abroad at the request of the Swiss authorities, they have received an final acquittal or they have served their penalty, they are not prosecuted in Switzerland for the same offence (Art. 3 para. 3 CC). If the convicted person has not served the sentence abroad or has served it only in part, the whole sentence or the remainder shall be served in Switzerland. The court will decide whether a sentence which has not been executed (in full) abroad must be continued in Switzerland. (Art. 3 para. 4 CC).
Also subject to the Swiss Criminal Code are people who have committed a crime or offense against the state and national defense abroad (Art. 4 para. 1 CC).
Principle of universality (Art. 5 and 6 CC)
If someone commits (sexual) offences, traffics human beings or rapes someone who is under 18 years of age and is in Switzerland, he is punished according to Swiss law (Art. 5 para. 1 CC). The same applies to felonies or misdemeanors committed abroad that Switzerland has undertaken to prosecute under an international convention (Art. 6 para. 1 CC).
obligation to prosecute (Art. 7 Cc)
Article 7 CC applies to felonies or misdemeanors committed abroad where the requirements of Articles 4, 5 and 6 of the Criminal Code are not met, the act is also punishable at the place of commission or the place of commission is not subject to any criminal jurisdiction (lit. a), the offender is in Switzerland or is extradited to Switzerland for this act (lit. b) and if under Swiss law the act permits extradition, but the offender is not extradited (lit. c).
If there is any uncertainty as to the specific law under which you are being punished, please contact our attorneys specialized in criminal law in Frauenfeld, Zurich and St. Gallen.
In principle, the Swiss Criminal Code applies to all persons. According to Art. 9 para. 1 CC, the Criminal Code does not apply to persons who are subject to military criminal law. Furthermore, persons who are between the ages of 10 and 18 are subject to the Juvenile Criminal Code (Art. 9 para. 2 CC in conjunction with Art. 3 Juvenile Criminal Law). Before the age of 10, a person has not yet reached the age of criminal responsibility.