1 Amended by No I of the FA of 20 March 2008, in force since 1 July 2011 ( AS 2009 2623 , 2011 2559; BBl 2006 8573 8645).

Any person who administers or makes available for consumption to children under the age of 16 alcoholic beverages or other substances in such quantities as may endanger their health is liable to a custodial sentence not exceeding three years or to a monetary penalty.

3 If the offender acts for financial gain, he is liable to a custodial sentence not exceeding three years or to a monetary penalty. The custodial sentence must be combined with a monetary penalty. 4

1bis Any person who acquires, procures by electronic or any other means, or possesses the recordings or other products mentioned in paragraph 1 above, provided these portray acts of violence against persons or animals is liable to a custodial sentence not exceeding one year or to a monetary penalty 2 . 3

1 Any person who produces, imports, stores, markets, promotes, exhibits, offers, shows, makes accessible or makes available sound, film or video recordings or other products in which acts of extreme violence against persons or animals are portrayed, without reasonable cultural or scientific grounds therefor, and in doing so seriously offends basic human dignity is liable to a custodial sentence not exceeding three years or to a monetary penalty.

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 2 Term in accordance with No II 1 para. 6 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ). This amendment has been taken into account throughout the Second Book.

Any person who participates in an attack on one or more other persons which causes death or injury to a person attacked or another is liable to a custodial sentence not exceeding five years or to a monetary penalty 2 .

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

2 A participant in a brawl who acts exclusively in self-defence or in order to separate the other participants is not liable to a penalty.

1 Any person who participates in a brawl that results in the death of or in an assault causing injury is liable to a custodial sentence not exceeding three years or to a monetary penalty.

1 Repealed by No I of the FA of 23 June 1989, with effect from 1 Jan. 1990 (AS 1989 2449; BBl 1985 II 1009).

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

Any person who unscrupulously places another in immediate life-threatening danger is liable to a custodial sentence not exceeding five years or to a monetary penalty.

1 Inserted by No I of the FA of 17 June 1994, in force since 1 Jan. 1995 (AS 1994 2290 2307; BBl 1991 II 969).

Any person who wilfully and without good reason alerts a public or charitable security, rescue or emergency service, and in particular the police, fire or ambulance services is liable to a custodial sentence not exceeding three years or to a monetary penalty.

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

is liable to a custodial sentence not exceeding three years or to a monetary penalty.

any person who prevents or hinders others from offering aid,

Any person who fails to offer aid to another whom he has injured or to another who is in immediate life-threatening danger, in circumstances where the person either could reasonably have been expected to offer aid,

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

Any person who exposes a helpless person under his protection or care to a life-threatening danger or to a serious and immediate danger to health, or abandons the person to such a danger is liable to a custodial sentence not exceeding five years or to a monetary penalty.

1 Inserted by Annex No 18 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 ( AS 2005 5685 ; BBl 2003 1288 ). 2 Inserted by No I of the FA of 23 June 1989 (AS 1989 2449; BBl 1985 II 1009). Amended by No I of the FA of 3 Oct. 2003 (Prosecution of Offences within Marriage or Registered Partnerships), in force since 1 April 2004 (AS 2004 1403 1407; BBl 2003 1909 1937).

2 The offender is prosecuted ex officio if he commits the offence repeatedly:

1 Any person who commits acts of aggression against another that do not cause any injury to the person or health is liable on complaint to a fine.

1 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ). This amendment has been taken into account throughout the Second Book.

2 If the injury is serious, the offender is prosecuted ex officio.

1 Any person who causes injury to the person or the health of another through negligence is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 1

1 Amended by No I of the FA of 30 Sept. 2011, in force since 1 July 2012 ( AS 2012 2575 ; BBl 2010 5651 5677).

2 Any person who has committed the offence abroad but is now in Switzerland and is not extradited is liable to the foregoing penalties. Article 7 paragraphs 4 and 5 apply.

1 Any person who mutilates the genitals of a female person, impairs their natural function seriously and permanently or damages them in some other way is liable to a custodial sentence not exceeding ten years or to a monetary penalty of no less than 180 daily penalty units.

if he is the heterosexual or homosexual partner of the victim provided they have at any time cohabited and the act was committed at that time or up to one year after separation. 5

if he is the registered partner of the victim and the offence was committed during the period of the registered partnership or up to a year after its dissolution, 4 or

if he is the spouse of the victim and the act was committed during the marriage or up to one year after divorce, 3

if he commits the act on a person, and in particular on a child, who is unable to defend himself, or is under his protection or in his care.

2. The penalty is a custodial sentence not exceeding three years or a monetary penalty, and the offender is prosecuted ex officio,

1. Any person who wilfully causes injury to the person or the health of another in any other way is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 2 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 ( AS 2016 1249 ; BBl 2012 4721 ).

is liable to a custodial sentence of at least six months and no more than ten years. 2

any person who intentionally causes any other serious damage to the person or to the physical or mental health of another,

any person who intentionally inflicts serious injury on the person, or on an important organ or limb of another, makes an important organ or limb unusable, makes another permanently unfit for work, infirm or mentally ill, or who disfigures the face of another badly and permanently,

1 Repealed by No I of the FA of 23 March 2001 (Abortion), with effect from 1 Oct. 2002 ( AS 2002 2989 ; BBl 1998 3005 5376).

1 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 ( AS 2002 2989 2992; BBl 1998 3005 5376). 2 Term in accordance with No II 1 para. 5 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ). This amendment has been taken into account throughout the Second Book.

2 Any physician who fails to report the termination of a pregnancy to the competent authority in accordance with Article 119 paragraph 5 is liable to the same penalty.

1 Any physician who terminates a pregnancy in terms of Article 119 paragraph 2 and who fails, prior to the procedure:

1 Amended by No I of the FA of 23 March 2001 (Abortion), in force since 1 Oct. 2002 ( AS 2002 2989 2992; BBl 1998 3005 5376).

5 An abortion is reported for statistical purposes to the competent health authority, whereby the anonymity of the woman concerned is guaranteed and medical confidentiality is preserved.

4 The cantons designate the medical practices and hospitals that fulfil the requirements for the professional conduct of procedures to terminate pregnancy and for the provision of counselling.

3 If the woman is incapable of judgement, the consent of her legal representative is required.

2 The termination of a pregnancy is likewise exempt from penalty if, at the written request of a pregnant woman, who claims that she is in a state of distress, it is performed within twelve weeks of the start of the pregnant woman’s last period by a physician who is licensed to practise his profession. The physician must have a detailed consultation with the woman prior to the termination and provide her with appropriate counselling.

1 The termination of a pregnancy is exempt from penalty in the event that the termination is, in the judgment of a physician, necessary in order to be able to prevent the pregnant woman from sustaining serious physical injury or serious psychological distress. The risk must be greater the more advanced the pregnancy is.

4 Cases falling under paragraphs 1 and 3 above are subject to a limitation period of three years. 3

3 Any woman who has her pregnancy terminated or otherwise participates in the termination of her pregnancy following the end of the twelfth week since her last period and without the requirements of Article 119 being fulfilled is liable to a custodial sentence not exceeding three years or to a monetary penalty.

2 Any person who terminates a pregnancy without the consent of the pregnant woman is liable to a custodial sentence of from one 2 to ten years.

1 Any person who terminates a pregnancy with the consent of the pregnant woman or incites or assists a pregnant woman to terminate her pregnancy without the requirements of Article 119 being fulfilled is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Any person who causes the death of another through negligence or recklessness is liable to a custodial sentence not exceeding three years or to a monetary penalty.

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009).

If a mother kills her child either during delivery or while she is under the influence of the effects of giving birth, she is liable to a custodial sentence not exceeding three years or to a monetary penalty.

1 Term in accordance with No II 1 para. 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ). This amendment has been taken into account throughout the Second Book.

Any person who for selfish motives incites or assists another to commit or attempt to commit suicide is, if that other person thereafter commits or attempts to commit suicide, liable to a custodial sentence not exceeding five years or to a monetary penalty 1 .

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 2 Term in accordance with No II 1 para. 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ). This amendment has been taken into account throughout the Second Book.

Any person who for commendable motives, and in particular out of compassion for the victim, causes the death of a person at that person’s own genuine and insistent request is liable to a custodial sentence not exceeding three years or to a monetary penalty 2 .

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 2 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ).

Where the offender acts in a state of extreme emotion that is excusable in the circumstances, or in a state of profound psychological stress, the penalty is a custodial sentence from one to ten years. 2

1 Amended by No I of the FA of 23 June 1989, in force since 1 Jan. 1990 (AS 1989 2449 2456; BBl 1985 II 1009). 2 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ).

Where the offender acts in a particularly unscrupulous manner, in which the motive, the objective or the method of commission is particularly depraved, the penalty is a custodial sentence for life or a custodial sentence of not less than ten years. 2

1 Term in accordance with No II 1 para. 1 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 ( AS 2006 3459 3535; BBl 1999 1979 ). This amendment has been taken into account throughout the Second Book.

Any person who kills a person intentionally, but without fulfilling the special requirements of the following articles, is liable to a custodial sentence 1 of not less than five years.

1. Offences against property Unlawful appropriation 1. Any person who for his own or for another's unlawful gain appropriates moveable property which belongs to another is liable, unless the special requirements of Articles 138-140 apply, to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender has found the property or if the property has inadvertently come into his possession, if he does not act for financial gain or if he acts only to the detriment of a relative or family member, the offence is prosecuted only on complaint.

Misappropriation 1. Any person who for his own or another's unlawful gain appropriates moveable property belonging to another but entrusted to him, any person who makes unlawful use of financial assets entrusted to him for his own or another's benefit, is liable to a custodial sentence not exceeding five years or to a monetary penalty. Misappropriation to the detriment of a relative or family member is prosecuted only on complaint. 2. Any person who commits the foregoing offence in his capacity as a member of a public authority, or as a public official, guardian, adviser, professional asset manager, or in the practice of a profession or a trade or the execution of a commercial transaction for which he has been authorised by a public authority, is liable to a custodial sentence not exceeding ten years or to a monetary penalty.1 1 Term in accordance with No II 1 para. 8 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

Theft 1. Any person who for his own or for another's unlawful gain, appropriates moveable property belonging to another person with the object of permanently depriving the owner of it is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. The offender is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units1 if he commits theft on a regular basis for financial gain. 3. The offender is liable to a custodial sentence of at least six months and no more than ten years,2 if he commits theft as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft, if he carries with him a firearm or other dangerous weapon for the purpose of committing theft or if he represents a particular danger in any other way due to the manner in which he commits theft. 4. Theft to the detriment of a relative or family member is prosecuted only on complaint. 1 Term in accordance with No II 1 para. 9 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

2 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

Robbery 1. Any person who commits theft by using force on another, threatening another with imminent danger to life or limb, or making another incapable of resistance is liable to a custodial sentence of at least six months and no more than ten years.1 Any person who, when caught in the act of committing theft, commits any of the coercive acts mentioned in the foregoing paragraph in order to retain the stolen property is liable the same penalties. 2. The offender is liable to a custodial sentence of not less than one year2 if he carries with him a firearm or other dangerous weapon for the purpose of committing robbery. 3. The offender is liable to a custodial sentence of not less than two years, if he commits robbery as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft, or if he represents a particular danger in any other way due to the manner in which he commits robbery. 4. The penalty is a custodial sentence of not less than five years, if the offender endangers the life of the victim, commits a serious assault on the victim or otherwise treats the victim with cruelty. 1 Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

2 Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

Removal of property Any person who takes moveable property from the person entitled to it to the serious detriment of that person but without intending to permanently deprive the entitled person of it is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Unlawful use of financial assets Any person who for his own or another's benefit unlawfully uses financial assets that have inadvertently come into his possession is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Unlawful abstraction of energy 1 Any person who unlawfully obtains energy from an installation that serves to exploit natural power, and in particular an electrical installation is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender acts for his own or for another's unlawful gain, he is liable to a custodial sentence not exceeding five years or to a monetary penalty.

Unauthorised obtaining of data 1 Any person who for his own or for another's unlawful gain obtains for himself or another data that is stored or transmitted electronically or in some similar manner and which is not intended for him and has been specially secured to prevent his access is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 The unauthorised obtaining of data to the detriment of a relative or family member is prosecuted only on complaint.

Unauthorised access to a data processing system 1 Any person who obtains unauthorised access by means of data transmission equipment to a data processing system that has been specially secured to prevent his access is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who markets or makes accessible passwords, programs or other data that he knows or must assume are intended to be used to commit an offence under paragraph 1 is liable to a custodial sentence not exceeding three years or to a monetary penalty. 1 Amended by Art. 2 No 1 of the Federal Decree of 18 March 2011 (Council of Europe Convention on Cybercrime), in force since 1 Jan. 2012 (AS 2011 6293; BBl 2010 4697).

Criminal damage 1 Any person who damages, destroys or renders unusable property belonging to another or in respect of which another has a right of use is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. 2 If the offender has committed criminal damage in the course of a public riot, he is prosecuted ex officio. 3 If the offender has caused major damage, a custodial sentence of from one to five years may be imposed. The offence is prosecuted ex officio.

Damage to data 1. Any person who without authority alters, deletes or renders unusable data that is stored or transmitted electronically or in some other similar way is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. If the offender has caused major damage, a custodial sentence of from one to five years may be imposed. The offence is prosecuted ex officio. 2. Any person who manufactures, imports, markets, advertises, offers or otherwise makes accessible programs that he knows or must assume will be used for the purposes described in paragraph 1 above, or provides instructions on the manufacture of such programs is liable to a custodial sentence not exceeding three years or to a monetary penalty. If the offender acts for commercial gain, a custodial sentence of from one to five years may be imposed.

Misappropriation and removal of property subject to a pledge or lien Any debtor who, with the intention of causing loss to his creditors, appropriates, uses without authority, damages, destroys, reduces the value of or renders unusable property subject to a pledge or lien is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Fraud 1 Any person who with a view to securing an unlawful gain for himself or another wilfully induces an erroneous belief in another person by false pretences or concealment of the truth, or wilfully reinforces an erroneous belief, and thus causes that person to act to the prejudice of his or another's financial interests, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units. 3 Fraud to the detriment of a relative or family member is prosecuted only on complaint.

Computer fraud 1 Any person who with a view to his own or another's unlawful gain, by the incorrect, incomplete or unauthorised use of data, or in a similar way, influences the electronic or similar processing or transmission of data and as a result causes the transfer of financial assets, thus occasioning loss to another, or immediately thereafter conceals such a transfer is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units. 3 Computer fraud to the detriment of a relative or family member is prosecuted only on complaint.

Misuse of a cheque card or credit card 1 Any person who with a view to obtaining services of a financial value and although incapable of making or unwilling to make payment uses a cheque card or credit card or similar means of payment that has been entrusted to him by the issuer thereof and thus causes loss to the issuer, is liable, provided the issuer and the contracting enterprise have taken reasonable measures in order to prevent the abuse of the card, to a custodial sentence not exceeding five years or to a monetary penalty. 2 If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

Unlawful claim for social insurance or social assistance benefits 1 Any person who misleads a another by providing false or incomplete information, failing to disclose information or in any other way or who compounds an existing error so that he or an associate obtains social insurance or social assistance benefits to which he or his associate is not entitled is liable to a custodial sentence not exceeding one year or to monetary penalty. 2 In minor cases, the penalty is a fine. 1 Inserted by No I 1 of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain criminal offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975).

Making off from a hotel, restaurant or bar without payment Any person who accepts accommodation, food or drink or other services in a hotel, restaurant, bar or similar premises and dishonestly makes off without making payment therefor is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Obtaining a service without payment Any person who obtains a service without paying, knowing that the service is only rendered against payment, and in particular makes use of public transport, attends public performances, exhibitions or similar events, or obtains services from a data processing device or a vending machine, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

Production and marketing of equipment for the unauthorised decoding of encoded services 1 Any person who manufactures, imports, exports, transports, markets or installs equipment, the components or data processing programs of which are designed and are suitable for the unauthorised decoding of encoded television or radio programmes or telecommunications services is liable on complaint to a fine.2 2 An attempt to commit the foregoing offence or complicity in the same is also an offence. 1 Inserted by Annex No 2 of the Telecommunications Act of 30 April 1997, in force since 1 Jan. 1998 (AS 1997 2187; BBl 1996 III 1405).

2 Penalties revised by No II 1 para. 16 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

Maliciously causing financial loss to another Any person who without a view to gain, by making representations or suppressing information, wilfully misleads another or wilfully reinforces an erroneous belief with the result that the person in error acts in such a way that he or another incurs a financial loss is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

False statements about commercial business Any person who, whether as founder, proprietor, partner with unlimited liability, authorised representative or member of the management board or the board of directors, or as an auditor or liquidator of a trading company, a co-operative or any other enterprise which carries on commercial business, makes or causes to be made to all the company members, partners or co-operative members, or to the participants in any other commercial enterprise a false or incomplete statement of substantial significance by means of a public announcement or notice, report or presentation that could cause another to dispose of his own assets in such a way that he sustains financial loss, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

False statements to the commercial register authorities Any person who causes an authority responsible for the Commercial Register to make a false entry in the Register or withholds from such an authority information which is required to be entered in the Register is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Repealed

Counterfeiting of goods 1. Any person who with a view to deceiving another in trade or business manufactures a product which appears to have a higher commercial value than its true commercial value, in particular by being an imitation or counterfeit version of another product, or imports, stores or markets such a product, is liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding three years or to a monetary penalty. 2. If the offender acts for commercial gain, he is liable, provided the act is not subject to a more severe penalty under another provision hereof, to a custodial sentence not exceeding five years or to a monetary penalty.1 1 Amended by No I 1 of the FA of 3 Oct. 2008 on the Implementation of the Revised Recommendations of the Financial Action Task Force, in force since 1 Feb. 2009 (AS 2009 361 367; BBl 2007 6269).

Extortion 1. Any person who, with a view to securing an unlawful gain for himself or for another, induces another person by using violence or the threat of seriously detrimental consequences to behave in such a way that he or another sustains financial loss is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offender acts for commercial gain, or if he repeatedly commits the offence against the same person, he is liable to a custodial sentence of from one to ten years. 3. If the offender uses violence against another or if he threatens another with an immediate danger to life and limb, a penalty in accordance with Article 140 hereof is imposed. 4. If the offender threatens to endanger the life and limb of a large number of persons or to cause serious damage to property in which there is a substantial public interest, he is liable to a custodial sentence of not less than one year1. 1 Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979). This amendment has been taken into account throughout the Second Book.

Profiteering 1. Any person who for his own or another's financial gain or the promise of such gain, exploits the position of need, the dependence, the weakness of mind or character, the inexperience, or the foolishness of another person to obtain a payment or service which is clearly disproportionate to the consideration given in return, any person who acquires a debt originating from an act of profiteering and sells or enforces the same, is liable to a custodial sentence not exceeding five years or to a monetary penalty. 2. If the offender acts for commercial gain, he is liable to a custodial sentence of from one to ten years.

Criminal mismanagement 1. Any person who by law, an official order, a legal transaction or authorisation granted to him, has been entrusted with the management of the property of another or the supervision of such management, and in the course of and in breach of his duties causes or permits that other person to sustain financial loss is liable to a custodial sentence not exceeding three years or to a monetary penalty. Any person who acts in the same manner in his capacity as the manager of a business but without specific instructions is liable to the same penalty. If the offender acts with a view to securing an unlawful financial gain for himself or another, a custodial sentence of from one to five years may be imposed. 2. Any person who, with a view to securing an unlawful gain for himself or another, abuses the authority granted to him by statute, an official order or a legal transaction to act on behalf of another and as a result causes that other person to sustain financial loss is liable to a custodial sentence not exceeding five years or to a monetary penalty. 3. Criminal mismanagement to the detriment of a relative or family member is prosecuted only on complaint.

Misuse of salary deductions Any employer who breaches his obligation to make use of a deduction from an employee's salary for the payment of taxes, duties, insurance premiums or contributions or in any other way for the benefit of the employee and thus causes loss to the employee is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Handling stolen goods 1. Any person who takes possession of, accepts as a gift or as the subject of a pledge, conceals, or assists in the disposal of goods which he knows or must assume have been acquired by way of an offence against property is liable to a custodial sentence not exceeding five years or to a monetary penalty. The offender is liable to the penalty applicable to the original offence if that penalty is reduced. If the original offence is prosecuted only on complaint, the handling of stolen goods is prosecuted only if a complaint has been made in respect of the original offence. 2. If the offender acts for commercial gain, he is liable to a custodial sentence not exceeding ten years or to a monetary penalty of not less than 90 daily penalty units.

1 Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).

1 Inserted by Art. 46 of the Stock Exchange Act of 24 March 1995 (AS 1997 68; BBl 1993 I 1369). Repealed by No II 3 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6873).

2. Breach of manufacturing or trade secrecy Any person who betrays a manufacturing or trade secret that he is under a statutory or contractual duty contract not to reveal, any person who exploits for himself or another such a betrayal, is liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty.

3. Bankruptcy and debt collection felonies or misdemeanours Fraudulent bankruptcy and fraud against seizure 1. Any debtor who fictitiously reduces his assets to the prejudice of his creditors, and in particular disposes of or conceals assets, creates fictitious debts, accepts fictitious claims as valid or arranges for the enforcement of such claims, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors is liable a custodial sentence not exceeding three years or to a monetary penalty.

Reduction of assets to the prejudice of creditors 1. Any debtor who reduces his assets to the detriment of his creditors by damaging, destroying or reducing the value of any assets or rendering them unusable, disposing of any assets for no consideration or for a consideration that is clearly negligible in value, or by waiving, without material grounds, any rights which may accrue thereon or by renouncing rights for no consideration, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Subject to the same requirements, any third party who carries out any of the foregoing acts to the prejudice of creditors is liable to a custodial sentence not exceeding three years or to a monetary penalty..

Mismanagement 1. Any debtor who in a manner other than that in Article 164 through mismanagement, in particular through inadequate capital provision, excessive expenditure, hazardous speculation, the negligent granting or use of credit, the squandering of assets or gross negligence in the exercise of his profession or the management of his assets, causes or aggravates his excessive indebtedness, causes his insolvency or, in the knowledge that he is unable to pay, prejudices his financial situation, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims is issued in his respect, to a custodial sentence not exceeding five years or to a monetary penalty. 2. Any debtor whose assets have been seized is prosecuted solely on the complaint of a creditor who has obtained a certificate of unsatisfied claims against him. The complaint must be filed within three months of receipt of the certificate of unsatisfied claims. Any creditor who has induced a debtor to incur irresponsible debts, unreasonable expenditure or to enter into hazardously speculative transactions, or who has exploited the debtor usuriously, is barred from filing a complaint.

Failure to keep proper accounts Any debtor who fails to comply with a statutory obligation to which he is subject to keep and preserve business accounts or draw up a balance sheet, with the result that his financial position is not or not fully ascertainable, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect following a seizure of assets in accordance with Article 43 of the Federal Act of 11 April 18891 on Debt Enforcement and Bankruptcy (DEBA), to a custodial sentence not exceeding three years or to a monetary penalty. 1 SR 281.1

Undue preference to creditors Any debtor who, in the knowledge of his inability to pay and with a view to showing preference to some of his creditors to the prejudice of others, acts in order to achieve such an aim, and in particular pays debts that are not due for payment, pays due debts in a way that differs from the normal methods, or provides security for a debt from his own means when he is not obliged to do so, is liable, if bankruptcy proceedings are commenced against him or a certificate of unsatisfied claims has been issued in his respect, to a custodial sentence not exceeding three years or to a monetary penalty.

Subornation in enforcement proceedings 1 Any person who gives or promises a creditor or his representative special advantages in order to obtain his vote at the creditors' meeting or on the creditors' committee, or to obtain his consent to or rejection of a judicial composition agreement is liable to a custodial sentence not exceeding three years or to a monetary penalty. 2 Any person who gives or promises the administrator in bankruptcy, a member of the bankruptcy administration, the Commissioner, or the liquidator special advantages in order to influence his decisions is liable to a custodial sentence not exceeding three years or to a monetary penalty. 3 Any person who causes another to give or promise such advantages is liable the same penalty.

Disposal of seized assets Any person who without proper authority and to the prejudice of his creditors disposes of an asset that has been officially seized or attached, that has been officially recorded in debt recovery, bankruptcy or retention proceedings, or that forms part of property that has been ceded in a liquidation settlement or damages, destroys, reduces the value of, or renders unusable such an asset, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Obtaining a judicial composition agreement by fraud Any debtor who misleads his creditors, the Commissioner, or the debt collection authorities, in particular by false accounting or drawing up a false balance sheet, in order to obtain a moratorium of debt enforcement or the approval of a judicial composition agreement, any third party who acts in the foregoing manner for the benefit of the debtor, is liable to a custodial sentence not exceeding three years or to a monetary penalty.

Judicial composition agreement 1 Articles 163 paragraph 1, 164 paragraph 1, 165 paragraph 1, 166 and 167 also apply in the event that a judicial composition agreement has been approved and adopted. 2 If the debtor or a third party in terms of Articles 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of a judicial composition agreement, the competent authority may waive any prosecution, referral to court or the imposition of a penalty.

Revocation of bankruptcy 1 If the bankruptcy proceedings are revoked (Art. 195 DEBA1), the authorities responsible may waive any prosecution, referral to court or the imposition of any penalties. 2 If a judicial composition agreement is concluded, paragraph 1 above applies only if the debtor or the third party in terms of Article 163 paragraph 2 and 164 paragraph 2 has made special efforts in economic terms and as a result facilitated the adoption of the agreement. 1 SR 281.1

4. General provisions 1 Repealed by No II 3 of the FA of 13 Dec. 2002, with effect from 1 Jan. 2007 (AS 2006 3459 3535; BBl 1999 1979).

1 Repealed by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), with effect from 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).