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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. Introduction
- II. Scope of application and objectives
- III. Comparable criminal law norms in Switzerland
- IV. Implementation of the criminal law aspect in Switzerland
- V. Comparable civil and administrative law standards in Switzerland
- VI. Implementation of the civil and administrative law aspect in Switzerland
- Bibliography
- Materials
I. Introduction
1 For decades, the principle of "societas delinquere non potest", which originated in Roman law, was regarded in continental Europe as an immutable rule that focused criminal law on the individual and exempted companies from criminal liability. This notion of a legal system without direct corporate criminal liability became obsolete as the economy became increasingly characterized by more complex business structures and global divisions of labour, thereby increasing the potential for abuse and the danger and harmfulness of any corporate misconduct. In Europe, the Netherlands in 1976, France in 1994 and Denmark in 1996 implemented corporate criminal liability in their criminal codes. In Switzerland, corporate criminal law has been regulated in the Criminal Code since October 1, 2003, but Switzerland is still considered one of the pioneering countries internationally when it comes to the introduction of criminal liability for legal entities. Even before its introduction in the Criminal Code, Articles 6 and 7 of the Administrative Criminal Law Act (VStrR) could be invoked from 1974 in the case of infringements in business operations in accordance with Art. 26 UWG (Federal Act against Unfair Competition). However, these provisions were regarded as exceptions to the then generally recognized principle that legal persons are not liable to prosecution and were not included in criminal law.
2 As part of the intended effectuation of criminal prosecution with the introduction of the Cybercrime Convention of the Council of Europe, the contracting parties were - following the European trend - given identical rules on the liability of legal persons in Art. 12 CCC as in the largely identical criminal law provisions of the Criminal Law Convention on Corruption, namely to provide for liability for infringements by their bodies and other employees. The contracting states were also obliged under Art. 12 CCC to ensure that legal persons are subject to appropriate sanctions or measures, including monetary sanctions. The principle that companies cannot make themselves liable to prosecution was also protected by the Cybercrime Convention.
II. Scope of application and objectives
3 The liability of legal entities pursuant to Article 12 aims, on the one hand, to hold companies liable for criminal acts committed by persons in a managerial position, provided that these acts are carried out for the benefit of the legal entity (paragraph 1). On the other hand, the provision provides for liability for persons in a managerial position who have failed to supervise or control employees or agents and this failure facilitates an offense by employees or agents as defined by the Convention (paragraph 2). The Convention leaves it to the contracting parties to decide whether they wish to regulate the liability of the legal person under civil, administrative or criminal law (paragraph 3). It also states that the liability of a legal person shall not prevent the possible criminal liability of a natural person who has committed the offense (paragraph 4).
A. Paragraph 1: For acts committed by persons in a leadership position
4 Art. 12 para. 1 CCC obliges the contracting parties to establish the liability of the legal person for offenses committed by persons with a leading position within the company or who participate in them as instigators or accomplices. The provision establishes causal liability and comprises four elements:
5 a) The Convention requires a violation of the criminal norms formulated in Articles 2-10 of the Convention, namely unlawful access (Art. 2), unlawful interception (Art. 3), interference with data (Art. 4), interference with a system (Art. 5), misuse of devices (Art. 6), computer-related counterfeiting (Art. 7), computer-related fraud (Art. 8), offenses related to child pornography (Art. 9) and infringement of copyright and related rights (Art. 10).
6 b) Criminal liability under the Convention text is limited to offenses committed for the benefit of the legal person. The criterion "for the benefit ofthelegal person" establishes a link between the offense and the legal person. The scope of application is limited to criminal offenses that are committed for the benefit of a legal entity. This benefit can be financial or otherwise. Direct financial advantages include, among other things, proceeds that are obtained from criminal offenses and either enrich the legal entity or save it an expense. A benefit of another kind exists if the benefit to the legal entity is not (primarily) financial, for example if the legal entity receives orders as a result of bribery. The Convention does not contain a legal definition of the term legal entity. In defining Article 12, the historical and European interpretation of the term "legal person" was used, according to which it includes any legal entity that has the status of a legal person under the applicable law, with the exception of states or other public bodies in the exercise of sovereign rights and public international organizations.
7 c) In accordance with the principles of private law that legal persons can only act through their organs, that the acts of the organs are direct acts of the legal person and that the legal person is liable for the acts of the organs vis-à-vis injured third parties, the Convention presupposes the commission of the offense by a natural person who holds a leading position within the legal person. According to the list in lit. a to c, this includes those natural persons who derive their management and leadership function from a power of representation, decision-making or control. The Convention text thus requires the liability of legal persons to be defined as a special offense, without presupposing a formal executive function on the part of the perpetrator.
8 d) Furthermore, the Convention requires the contracting states to ensure that the natural person acts within the scope of the authority vested in him in the performance of an authorized business activity, i.e. within the scope of the power of representation, decision-making or control vested in him in the legal person, in order to trigger the liability of the legal person pursuant to Art. 12 para. 1 CCC.
B. Paragraph 2: Breach of the duty of supervision
9 Art. 12 para. 2 CCC obliges the contracting states to hold companies accountable
a) if the natural persons named in para. 1 lit. a to c violate their duty to supervise subordinate employees through a lack of supervision and control,
b) who then commit a criminal offense as a causal consequence of this violation within the meaning of Art. 2-10 CCC
c) for the benefit of the legal person .
10 Paragraph 2 thus extends the liability of the legal entity to acts committed by persons who commit an offense as employees without a management position in the legal entity and the offense was made possible by the fact that the manager did not adequately supervise the subordinate employee.
11 Failure to supervise can be assumed if suitable and appropriate measures were not taken to prevent criminal acts in favor of the legal entity by employees or agents. The type and intensity of the duty of supervision depends on the type of company, its size, security standards and business practices. The duty of supervision does not give rise to a general monitoring obligation.
C. Paragraph 3: Type of responsibility
12 Art. 12 para. 3 CCC was included in the Convention in order to take into account the national legal principles of the contracting states as far as possible. According to this provision of the Convention, the liability of legal persons may be criminal, civil or administrative. When regulating accordingly, States Parties must ensure that their criminal or non-criminal sanctions or measures against legal persons meet the criteria of Art. 13 para. 2 CCC, according to which they must be effective, proportionate and dissuasive and include monetary sanctions.
D. Paragraph 4: Individual liability
13 Art. 12 para. 4 CCC clarifies that the liability of legal persons does not exclude the individual liability of a natural person. This provision does not oblige the contracting states to introduce parallel criminal liability.
III. Comparable criminal law norms in Switzerland
A. Criminal sanctions and measures under the SCC
14 Corporate criminal liability was introduced into the Swiss Criminal Code on October 1, 2003. The motives for this were the fear of organized crime, the fear of man-made major dangers and the signing of the "Convention on Combating Bribery of Foreign Public Officials in International Business Transactions". By ratifying this OECD Convention, Switzerland undertook, in accordance with Art. 2, to take the necessary measures to establish the liability of legal persons for the bribery of a foreign public official in accordance with its legal principles.
B. Art. 102 para. 1 SCC: Subsidiary liability
15 According to Art. 102 para. 1 SCC, felonies or misdemeanours - but not misdemeanours - are attributed to a company if a felony or misdemeanour is committed in the "company in the exercise of business activities within the scope of the company's purpose" and "this act cannot be attributed to a specific natural person due to deficient organization of the company". The company is therefore liable to subsidiary prosecution in the event of defective organization.
16 The accusation directed against the company is that
a) a felony or misdemeanor under Swiss law within the meaning of Art. 10 SCC was committed as an instigating offence
b) the offence was committed within a company and the offender must be hierarchically or organizationally integrated into the company
c) the predicate offense was committed "in the course of business", which requires a functional connection between the predicate offense and the business activity, i.e. a minimal economic activity that is related to the activities of the company and thus includes the action with power of representation, decision-making or control required in Art. 12 CCC,
d) the offense was committed within the scope of the purpose of the company, which, according to the prevailing opinion, justifies a restriction to typical company risks,
e) and the company is responsible for the fact that the criminal prosecution authorities are unable to identify a responsible natural person due to inadequate organization.
17 As long as the responsibility of legal persons
on the one hand, in accordance with Art. 12 para. 1 of the Convention, the aim is to hold companies liable for criminal acts committed by persons in a managerial position, provided that these acts are carried out for the benefit of the legal person,
and on the other hand, according to Art. 12 para. 2 CCC, persons in a managerial position who have failed to supervise or control employees or agents and this failure facilitates an offense by employees or agents as described in the Convention,
both types of offense find a far-reaching equivalent in the subsidiary corporate liability under criminal law pursuant to Art. 102 para. 1 SCC. The provision covers all offenses under the Cyber Convention without explicitly enumerating them.
18 The Convention is limited to offenses under Art. 2-10 CCC that are committed for the benefit of the legal entity and by its representatives. Liability under the SCC, on the other hand, applies to any crime or misdemeanor committed by a person in the course of business within the scope of the corporate purpose. Compared to the Convention text, liability under the SCC thus extends further because the SCC does not require a criminal offense committed for the benefit of the legal entity as a criterion for corporate liability.
19 Art. 102 para. 1 SCC, according to which the legal person can only be punished if the act cannot be attributed to a natural person, and Art. 12 para. 4 CCC, according to which the criminal liability of the legal person should not affect the liability of the perpetrator, do not contradict each other because criminal liability of the natural persons acting is not excluded by the subsidiary corporate liability. In Switzerland, it is even possible to punish the natural person as well as the legal entity if the defective organization of the company is the fault of a natural person and this person can only be identified after the company has been convicted.
20 Art. 102 para. 1 SCC provides for a fine of up to five million Swiss francs as a penalty, which corresponds to the Convention text of Art. 13 para. 2, according to which states parties must impose monetary sanctions.
C. Art. 102 para. 2 SCC: Primary liability
21 Irrespective of the criminal liability of natural persons, since 1.10. 2003, a company is primarily held liable if it commits an offence under Articles 260ter SCC (criminal organization), 260quinquies SCC (financing of terrorism), 305bis SCC (money laundering), 322ter SCC (bribery of Swiss public officials), 322quinquies SCC (granting of advantages), 322septies paragraph 1 SCC (bribery of foreign public officials) or 322octies SCC (bribery) and the company has not taken all necessary and reasonable organizational precautions to prevent such an offence. The breach of duty lies in the disregard of organizational duties that facilitate the offences listed exhaustively. Punishment is imposed in accordance with Art. 102 para. 2 SCC in addition to any punishment of a natural person.
22 None of the offenses under Art. 2-10 CCC are included in the catalog of offenses under Art. 102 para. 2 SCC, which is why the liability of legal persons under Art. 12 CCC remains meaningless in relation to primary criminal corporate liability. It follows that, in accordance with the existing legal provisions, no direct attribution of third-party fault to a company is possible in Switzerland in connection with the criminal norms formulated in Art. 2-10 CCC.
D. Provisions in administrative criminal law
23 Before the introduction of corporate criminal liability and the attribution provision (Art. 29 SCC) in core criminal law and also before ratification of the Cybercrime Convention, natural and legal persons in Switzerland were held liable for offenses in business operations under the Federal Act on Administrative Criminal Law. Corresponding provisions in administrative criminal law continue to apply: Art. 6 VStrR punishes natural persons who have a special relationship to the business operation. Art. 7 VStrR deals with the criminal liability of legal persons. Overlaps between the provisions of the SCC and the VStrR are possible. Art. 6 and 7 VStrR are applicable as long as laws either explicitly refer to one of the provisions or to administrative criminal law as a whole.
1 Art. 6 VStrR: Principal's liability
24 The subject of criminal liability under Art. 6 VStrR is always an individual person. If offences are committed in the course of managing the affairs of a legal entity, general or limited partnership, sole proprietorship or partnership without legal personality or otherwise in the performance of business or official duties, paragraph 1 states that the criminal provision applies to the natural person who committed the offence. Paragraphs 2 and 3 specify that the principal, employer, principal, representative or even the organ and member of the organ, the managing partner, liquidator and the person actually in charge are to be held liable as long as they have intentionally or negligently failed to avert an infringement by the subordinate, agent or representative or to nullify its effects in breach of a legal duty. Article 6 is an offense of omission in violation of a legal duty. The administrative criminal liability of the principal arising from Article 6 considerably limits the scope of the subsidiary criminal liability of the company pursuant to Art. 102 para. 1 SCC and leads to the exoneration of the company because it enables the attribution to a natural person.
2 Art. 7 VStrR: Corporate liability
25 Art. 7 VStrR provides for subsidiary criminal liability of the legal person in administrative criminal law. The provision aims to reduce the investigative effort of the prosecution authorities in the case of minor offenses in accordance with the moderate opportunity principle. At the same time, it contradicts the principle of investigating the material truth and the principle of legality. According to Art. 7 VStrR, the prosecution of a natural person can be dropped and the legal entity, general or limited partnership or sole proprietorship can be sentenced to pay a fine in their place if the following conditions are met:
a) the offense is committed in the course of business
b) a maximum fine of CHF 5,000.00 is possible and
c) the investigation of the individual perpetrator would entail a disproportionate investigation effort.
If a natural person is identified as the perpetrator, the application of Art. 7 VStrR is excluded. The provision also does not replace Art. 102 para. 1 SCC in administrative criminal law. Due to their different regulatory content, both standards can be applied.
IV. Implementation of the criminal law aspect in Switzerland
26 Due to the extensive coverage of the content of the Convention by Art. 102 para. 1 SCC, the legislator has rightly refrained from imposing primary corporate criminal liability in connection with Art. 12 CCC and the associated extension of the scope of application. Although the Convention enshrines a parallel responsibility of the company, which in Switzerland can only be ensured at the criminal law level through primary criminal corporate liability in accordance with Art. 102 para. 2 SCC, it does not require the contracting states to regulate the criminal liability of companies. Article 12 of the Convention does not require the creation of a criminal provision in the narrower sense; rather, in para. 3, it leaves it to the contracting states to regulate the liability of the legal person under civil or administrative law as an alternative. Since the subsidiary liability under Art. 102 para. 1 SCC covers all offenses under Articles 2-10 CCC, especially since it ensures that crimes and offenses committed for the benefit of a company do not go unpunished, the legislator correctly assumed that a more comprehensive primary liability would go beyond the minimum required by the Convention. Due to Art. 2 VStrR, according to which the provisions of corporate criminal law of the SCC also apply to administrative criminal law, unless the VStrR itself or the individual administrative law provides otherwise, but also due to Art. 7 VStrR, according to which staff associations can be punished instead of individual offenders who are difficult to identify, the liability of legal persons is also ensured in the case of criminal offenses for violations of federal laws such as the Copyright Act.
27 Contrary to the wording and purpose of Art. 12 para. 1 CCC, the Swiss legislator has not designed Art. 102 SCC as a causal liability provision. While Art. 12 para. 1 CCC states that a legal person bears the risk of liability for a tort within the company regardless of fault, Art. 102 SCC presupposes organizational fault for the criminal liability of the legal person. Despite this difference, Switzerland nevertheless complies with the requirements of Art. 12 CCC because "liability" within the meaning of the Convention does not necessarily mean criminal liability of the legal person (cf. Art. 12 para. 3 CCC).
V. Comparable civil and administrative law standards in Switzerland
28 The Swiss legal system recognizes various instruments of liability for damages and the prevention of future harm under civil and administrative law. In addition to the liability regulations and organizational measures in civil law, reference should also be made to the supervisory instruments of the authorities.
29 Specifically, these instruments include the following (not exhaustive):
Dissolution of the association by the court in accordance with Art. 78 CC if the purpose of the association is unlawful or immoral;
Dissolution of the foundation by the competent federal or cantonal authority in accordance with Art. 88 CC if the purpose of the foundation has become unlawful or immoral;
Liability of the company arising from principal's liability pursuant to Art. 55 CO;
Liability of the company for auxiliary persons pursuant to Art. 101 CO;
Liability of the company for damages arising from tortious acts committed by a shareholder in the performance of business activities pursuant to Art. 567 para. 3 CO;
Liability of the company for damages arising from tortious acts committed by a liquidator in the performance of business duties pursuant to Art. 586 CO and Art. 743 CO;
Liability of the company for damages arising from tortious acts committed by a person authorized to manage or represent the company in the performance of their business duties pursuant to Art. 722 CO and Art. 817 CO;
Dissolution of the company in the event of existing deficiencies in the organization pursuant to Art. 731b CO;
Liability of the cooperative for damages arising from unlawful acts committed by a person authorized to manage or represent the company in the course of their business activities pursuant to Art. 899 CO;
Administrative sanctions imposed by the Swiss Financial Market Supervisory Authority in accordance with the Financial Market Supervision Act.
VI. Implementation of the civil and administrative law aspect in Switzerland
30 Swiss civil and administrative law provides for a large number of sanctions and measures against companies for unauthorized acts in the course of a business. As long as companies are managed to operate a business and not exclusively to commit criminal offenses, the sanctions and measures under civil and administrative law are generally sufficient to ensure the effective and dissuasive sanctions required by Art. 13 para. 2 CCC.
Bibliography
Ackermann Jürg-Beat, Wirtschaftsstrafrecht der Schweiz, 2. Aufl., Bern 2021 (zit. Ackermann, Bearbeiter/in, § … N …).
Donatsch Andreas/Heimgartner Stefan/Isenring Bernhard/Maurer Hans/Riesen-Kupper Marcel/Weder Ulrich (Hrsg.), StGB/JStG Kommentar, Mit weiteren Erlassen und Kommentaren zu den Strafbestimmungen des SVG, BetmG, AIG und OBG, 21. Aufl., Zürich 2022 (zit. StGB/JStG Kommentar, Art. … StGB N …).
Forster Matthias, Die strafrechtliche Verantwortlichkeit des Unternehmens nach Art. 102 StGB, Bern 2006.
Frank Friedrich/Eicker Andreas/Markwalder Nora/Achermann Jonas (Hrsg.), Basler Kommentar zum Verwaltungsstrafrecht, 1. Aufl., Basel 2020 (zit. BSK-Bearbeiter/in, Art. … VStrR N …).
Heine Günter, Europäische Entwicklung bei der strafrechtlichen Verantwortlichkeit von Wirtschaftsunternehmen und deren Führungskräften, ZStrR 119 (2001), S. 22 ff.
Jean-Richard-dit-Bressel Marc, Das Desorganisationsdelikt in Finanzdienstleistungsunternehmen, SZW 2022, S. 572-585.
Niggli Marcel Alexander/Wiprächtiger Hans (Hrsg.), Basler Kommentar zum Strafrecht I, Art. 1-136 StGB, 4. Aufl., Basel 2019 (zit. BSK-Bearbeiter/in, Art. … StGB N …).
Riklin Franz, Schweizerisches Strafrecht – Allgemeiner Teil I – Verbrechenslehre, 3. Aufl., Zürich/Basel/Genf 2007.
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 30.4.2024.
Botschaft zur Änderung des Schweizerischen Strafgesetzbuches (Allgemeine Bestimmungen, Einführung und Anwendung des Gesetzes) und des Militärstrafgesetzes sowie zu einem Bundesgesetz über das Jugendstrafrecht vom 21.9.1998, BBl 1999 II 1979 ff., abrufbar unter https://www.fedlex.admin.ch/eli/fga/1999/1_1979_1787_1669/de, besucht am 30.4.2024.
Bundesamt für Justiz, Vernehmlassungsentwurf, Genehmigung und Umsetzung des Übereinkommens des Europarates über die Cyberkriminalität, Vorentwurf und Erläuternder Bericht, Bern, März 2009, abrufbar unter https://www.bj.admin.ch/bj/de/home/sicherheit/gesetzgebung/archiv/cybercrime-europarat.html, besucht am 30.4.2024.
Dänischen Strafgesetzbuch, abrufbar unter https://www.retsinformation.dk/eli/lta/2022/1360, besucht am 30.4.2024.
Erläuternder Bericht zu dem Zweiten Protokoll zum Übereinkommen über den Schutz der finanziellen Interessen der Europäischen Gemeinschaften (vom Rat angenommen am 12.3.1999), abrufbar unter https://eur-lex.europa.eu/legal-content/DE/TXT/?uri=CELEX%3A51999XG0331, besucht am 30.4.2024.
Französisches Strafgesetzbuch, abrufbar unter https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006070719/2024-01-19, besucht am 30.4.2024.
Niederländischen Strafgesetzbuch, abrufbar unter https://wetten.overheid.nl/BWBR0001854, besucht am 30.4.2024.
Richtlinie 2013/40/EU des Europäischen Parlaments und des Rates vom 12.8.2013 über Angriffe auf Informationssysteme und zur Ersetzung des Rahmenbeschlusses 2005/222/JI des Rates, abrufbar unter https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32013L0040, besucht am 30.4.2024.