Swiss Criminal Code (SCC)

Art. 67SCC from 2023

Art. 67

¹ If a person has committed a felony or misdemeanour while carrying on a professional activity or an organised non-professional activity, and has as a result received a custodial sentence in excess of six months, and if there is a risk that he will abuse his activity in order to commit a further felony or misdemeanour, the court may prohibit him totally or partially from carrying on this activity or comparable activities for a period of six months to five years.⁸⁴

² If a person has committed a felony or misdemeanour against a minor or another especially vulnerable person and if there is a risk that in carrying on a professional activity or an organised non-professional activity that involves regular contact with any minors or with other especially vulnerable persons he will commit further offences of this nature, the court may prohibit him from carrying on the activity concerned for one to ten years.

^2bis The court may impose a lifelong prohibition order under paragraph 2 if is anticipated that the offender will still represent a danger after the period of ten years. At the request of the executive authority, it may extend a prohibition order that is limited in time in terms of paragraph 2 by a maximum of five years on any one occasion if this is deemed necessary to prevent the offender from committing further felonies and misdemeanours of the type that led to the prohibition order.⁸⁵

³ If a person receives a sentence or is made subject to a measure under Articles 59–61, 63 or 64 for any of the following offences, the court shall prohibit him for the rest of his life from carrying on any professional activity or organised non-professional activity that involves regular contact with any minors:

a.

trafficking in human beings (Art. 182) where the offence was committed for the purpose of the sexual exploitation of a minor;

b.

sexual acts with children (Art. 187), sexual acts with dependent persons (Art. 188) or sexual acts with minors against payment (Art. 196);

c.

indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192), exploitation of a person in a position of need or dependency (Art. 193), indecent conduct (Art. 194), encouraging prostitution (Art. 195) or sexual harassment (Art. 198), where the offence is committed against or in front of a minor;

d.

pornography (Art. 197):

1.

under Article 197 paragraph 1 or 3,

2.

under Article 197 paragraph 4 or 5, where the content of the items or performances involved sexual acts with minors.⁸⁶

⁴ If a person receives a sentence or is made subject to a measure under Articles 59–61, 63 or 64 for any of the following offences, the court shall prohibit him from carrying on any professional activity or organised non-professional activity that involves regular contact with especially vulnerable adult persons, as well as any professional activity or organised non-professional activity in the health sector that involves direct contact with patients:

a.

trafficking in human beings (Art. 182) for the purpose of sexual exploitation, indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191), sexual acts with persons in institutional care, prisoners and persons on remand (Art. 192), exploitation of a person in a position of need or dependency (Art. 193), indecent conduct (Art. 194), encouraging prostitution (Art. 195) or sexual harassment (Art. 198), where the offence is committed against or in front of:

1.

an especially vulnerable adult victim, or

2.

an adult victim who is not especially vulnerable, but who was incapable of resistance or of judgement or who was unable to defend him- or herself as a result of physical or psychological dependence;

b.

pornography (Art. 197 para. 2 first sentence and para. 4 or 5), where the items or performances had the following content:

1.

sexual acts with especially vulnerable adult victims, or

2.

sexual acts with adult victims who are not especially vulnerable, but who were incapable of resistance or of judgement or who were unable to defend themselves as a result of physical or psychological dependence.⁸⁷

^4bis By way of exception, the court may refrain from imposing a prohibition order under paragraph 3 or 4 in particularly minor cases if a prohibition order of this type does not appear necessary to prevent the offender from committing further offences of the same type. The court may not refrain from imposing a prohibition order if the offender:

a.

has been convicted of trafficking in human beings (Art. 182), indecent assault (Art. 189), rape (Art. 190), sexual acts with persons incapable of judgement or resistance (Art. 191) or encouraging prostitution (Art. 195); or

b.

is a paedophile in accordance with the internationally recognised classification criteria.⁸⁸

⁵ If the offender receives a sentence or is made subject to a measure for two or more offences in the same proceedings, the court shall specify what portion of the sentence or which measure applies to an offence that entails an activity prohibition order. This portion of the sentence, the measure and the offence are decisive in determining whether an activity prohibition order under paragraph 1, 2, 2^bis, 3 or 4 is imposed. The sentence portions for two or more relevant offences are added together. More than one activity prohibition order may be imposed.⁸⁹

⁶ The court may order probation assistance for the duration of the prohibition orders.⁹⁰

⁷ ...⁹¹

⁸³ Amended by No I 1 of the FA of 13 Dec. 2013 on Activity Prohibition Orders and Contact Prohibition and Exclusion Orders, in force since 1 Jan. 2015 (AS 2014 2055; BBl 2012 8819).

⁸⁴ Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).

⁸⁵ Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

⁸⁶ Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

⁸⁷ Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

⁸⁸ Inserted by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

⁸⁹ Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

⁹⁰ Amended by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), in force since 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).

⁹¹ Repealed by No I 1 of the FA of 16 March 2018 (Implementation of Art. 123c Cst.), with effect from 1 Jan. 2019 (AS 2018 3803; BBl 2016 6115).