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- Art. 5a FC
- Art. 6 FC
- Art. 10 FC
- Art. 16 FC
- Art. 17 FC
- Art. 20 FC
- Art. 22 FC
- Art. 29a FC
- Art. 30 FC
- Art. 32 FC
- Art. 42 FC
- Art. 43 FC
- Art. 43a FC
- Art. 55 FC
- Art. 56 FC
- Art. 60 FC
- Art. 68 FC
- Art. 75b FC
- Art. 77 FC
- Art. 96 para. 2 lit. a FC
- Art. 110 FC
- Art. 117a FC
- Art. 118 FC
- Art. 123b FC
- Art. 136 FC
- Art. 166 FC
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- Art. 11 CO
- Art. 12 CO
- Art. 50 CO
- Art. 51 CO
- Art. 84 CO
- Art. 143 CO
- Art. 144 CO
- Art. 145 CO
- Art. 146 CO
- Art. 147 CO
- Art. 148 CO
- Art. 149 CO
- Art. 150 CO
- Art. 701 CO
- Art. 715 CO
- Art. 715a CO
- Art. 734f CO
- Art. 785 CO
- Art. 786 CO
- Art. 787 CO
- Art. 788 CO
- Transitional provisions to the revision of the Stock Corporation Act of June 19, 2020
- Art. 808c CO
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- Art. 2 PRA
- Art. 3 PRA
- Art. 4 PRA
- Art. 6 PRA
- Art. 10 PRA
- Art. 10a PRA
- Art. 11 PRA
- Art. 12 PRA
- Art. 13 PRA
- Art. 14 PRA
- Art. 15 PRA
- Art. 16 PRA
- Art. 17 PRA
- Art. 19 PRA
- Art. 20 PRA
- Art. 21 PRA
- Art. 22 PRA
- Art. 23 PRA
- Art. 24 PRA
- Art. 25 PRA
- Art. 26 PRA
- Art. 27 PRA
- Art. 29 PRA
- Art. 30 PRA
- Art. 31 PRA
- Art. 32 PRA
- Art. 32a PRA
- Art. 33 PRA
- Art. 34 PRA
- Art. 35 PRA
- Art. 36 PRA
- Art. 37 PRA
- Art. 38 PRA
- Art. 39 PRA
- Art. 40 PRA
- Art. 41 PRA
- Art. 42 PRA
- Art. 43 PRA
- Art. 44 PRA
- Art. 45 PRA
- Art. 46 PRA
- Art. 47 PRA
- Art. 48 PRA
- Art. 49 PRA
- Art. 50 PRA
- Art. 51 PRA
- Art. 52 PRA
- Art. 53 PRA
- Art. 54 PRA
- Art. 55 PRA
- Art. 56 PRA
- Art. 57 PRA
- Art. 58 PRA
- Art. 59a PRA
- Art. 59b PRA
- Art. 59c PRA
- Art. 62 PRA
- Art. 63 PRA
- Art. 67 PRA
- Art. 67a PRA
- Art. 67b PRA
- Art. 75 PRA
- Art. 75a PRA
- Art. 76 PRA
- Art. 76a PRA
- Art. 90 PRA
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- Vorb. zu Art. 1 FADP
- Art. 1 FADP
- Art. 2 FADP
- Art. 3 FADP
- Art. 5 lit. f und g FADP
- Art. 6 Abs. 6 and 7 FADP
- Art. 7 FADP
- Art. 10 FADP
- Art. 11 FADP
- Art. 12 FADP
- Art. 14 FADP
- Art. 15 FADP
- Art. 19 FADP
- Art. 20 FADP
- Art. 22 FADP
- Art. 23 FADP
- Art. 25 FADP
- Art. 26 FADP
- Art. 27 FADP
- Art. 31 para. 2 lit. e FADP
- Art. 33 FADP
- Art. 34 FADP
- Art. 35 FADP
- Art. 38 FADP
- Art. 39 FADP
- Art. 40 FADP
- Art. 41 FADP
- Art. 42 FADP
- Art. 43 FADP
- Art. 44 FADP
- Art. 44a FADP
- Art. 45 FADP
- Art. 46 FADP
- Art. 47 FADP
- Art. 47a FADP
- Art. 48 FADP
- Art. 49 FADP
- Art. 50 FADP
- Art. 51 FADP
- Art. 54 FADP
- Art. 57 FADP
- Art. 58 FADP
- Art. 60 FADP
- Art. 61 FADP
- Art. 62 FADP
- Art. 63 FADP
- Art. 64 FADP
- Art. 65 FADP
- Art. 66 FADP
- Art. 67 FADP
- Art. 69 FADP
- Art. 72 FADP
- Art. 72a FADP
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- Art. 2 CCC (Convention on Cybercrime)
- Art. 3 CCC (Convention on Cybercrime)
- Art. 4 CCC (Convention on Cybercrime)
- Art. 5 CCC (Convention on Cybercrime)
- Art. 6 CCC (Convention on Cybercrime)
- Art. 7 CCC (Convention on Cybercrime)
- Art. 8 CCC (Convention on Cybercrime)
- Art. 9 CCC (Convention on Cybercrime)
- Art. 11 CCC (Convention on Cybercrime)
- Art. 12 CCC (Convention on Cybercrime)
- Art. 25 CCC (Convention on Cybercrime)
- Art. 29 CCC (Convention on Cybercrime)
- Art. 32 CCC (Convention on Cybercrime)
- Art. 33 CCC (Convention on Cybercrime)
- Art. 34 CCC (Convention on Cybercrime)
FEDERAL CONSTITUTION
CODE OF OBLIGATIONS
FEDERAL LAW ON PRIVATE INTERNATIONAL LAW
LUGANO CONVENTION
CODE OF CRIMINAL PROCEDURE
CIVIL PROCEDURE CODE
FEDERAL ACT ON POLITICAL RIGHTS
CIVIL CODE
FEDERAL ACT ON CARTELS AND OTHER RESTRAINTS OF COMPETITION
FEDERAL ACT ON INTERNATIONAL MUTUAL ASSISTANCE IN CRIMINAL MATTERS
DEBT ENFORCEMENT AND BANKRUPTCY ACT
FEDERAL ACT ON DATA PROTECTION
SWISS CRIMINAL CODE
CYBERCRIME CONVENTION
- I. Scope of application
- II. Criminal liability for participation (Art. 11 para. 1)
- III. Attempted criminal liability (Art. 11 para. 2 and para. 3)
- Materials
I. Scope of application
1 The purpose of Art. 11 is to establish the principle of criminal liability for attempt and participation in relation to the offenses defined in the Convention. Para. 1 assumes that intentional participation in an intentional criminal offense pursuant to Art. 2-10 is punishable and sanctionable both in the sense of aiding and abetting and incitement.
2 Para. 2 already limits this to Art. 3-5 as well as Art. 7, 8 and 9 para. 1 lit. a and c of the Convention. This limitation of attempted criminal liability to the listed offenses can be implemented by the contracting parties in such a way that attempted criminal liability is waived in whole or in part (para. 3).
3 Switzerland has not made use of the possibility of limiting para. 3 and therefore provides for attempted criminal liability by linking it to the General Part of the Criminal Code.
II. Criminal liability for participation (Art. 11 para. 1)
4 Art. 11 para. 1 provides for criminal liability for participation for Art. 2-10. Unlike in the General Part of the SCC (Art. 24 and 25 SCC), no distinction is made between incitement and aiding and abetting. Since the implementation of para. 1 was carried out directly via the provisions of the General Part of the SCC, the form taken there, for example with regard to attempted criminal liability (Art. 24 para. 2 SCC), also applies to the scope of application of the Convention and the corresponding implementation. Objective requirements that go beyond Art. 24 and 25 SCC are not given and therefore the implementation via these articles is also congruent here.
5 The double intent to participate provided for in para. 2 with regard to the act of participation and the main offense is also required by the provisions of the General Part, so that no additions were necessary here.
6 Reference should be made to the addition to the criminal provision of Art. 143bis SCC. For details, please refer to the corresponding commentary on Art. 6. With regard to the question of participation and attempt, it should be emphasized that even after the addition of Art. 143bis SCC, attempted aiding and abetting of a principal offence that has not (yet) been attempted remains unpunishable.
III. Attempted criminal liability (Art. 11 para. 2 and para. 3)
7 Para. 2 provides for the obligation to extend attempted criminal liability to the named provisions. Neither objective criteria are mentioned, nor is a general attempt punishability provided for. The latter in particular is due to the fact that the legal systems of some contracting parties do not stipulate a general, but a graduated attempted criminal liability. The provision thus promises an implementation option that can be (and has been) implemented without major distortions in the fundamental legal concepts of the contracting states.
8 The implementation of attempted criminal liability was carried out via Art. 22 in conjunction with Art. 10 para. Art. 10 para. 2 and para. 3 SCC. It thus extends to all of the offenses named in para. 2. This follows from the fact that their implementation is in turn carried out by means of criminal offences in the Special Part of the SCC, which are themselves at least offences within the meaning of Art. 10 para. 2 SCC.
9 Although para. 2 does not contain any obligation to extend the criminalization of attempts to provisions not named in para. 2, the implementation via articles of the Criminal Code means that there is also criminalization of attempts in Switzerland with regard to Art. 2, Art. 9 as a whole and Art. 10 CCC. In particular, by including the documentary offenses (Art. 251 et seq. SCC), the offenses for the protection of postal and telecommunications secrecy (Art. 321ter SCC) and the pornography article (Art. 197 SCC), which in turn are at least structured as misdemeanors, an implementation took place that entails attempted criminal liability for Art. 2-10. Therefore, there is no dissonance with the principle of attempted punishment for misdemeanors and felonies in Swiss criminal law.
10 Para. 3 provides for the possibility of the contracting parties to waive attempted criminal liability in whole or in part. This provision is intended to counter any implementation difficulties on the part of the contracting parties. The scope for implementation granted in this way should, where possible, allow ratification to take place without fundamental changes to the respective legal system. In Switzerland, no use has been made of this possibility, not even with regard to individual elements or parts thereof. This is convincing in terms of content, as it does not involve a break with the understanding of attempted criminal liability in Switzerland. The provision in para. 3, which is ultimately to be understood as a concession to the practicability of implementation with regard to the legal systems of the contracting parties, has therefore been left without consequence in Switzerland.
Materials
Botschaft über die Genehmigung und die Umsetzung des Übereinkommens des Europarates über die Cyberkriminalität vom 18.6.2010, BBl 2010 4697 ff., abrufbar unter https://www.fedlex.admin.ch/eli/fga/2010/813/de, besucht am 17.10.2023
Europarat, Explanatory Report to the Convention on Cybercrime, Budapest 23.11.2001, abrufbar unter https://rm.coe.int/16800cce5b, besucht am 17.10.2023 (zit. Explanatory Report)