Art. 369 SCC from 2023
Art. 369 Removal of entries
1 Convictions that involve a custodial sentence are removed ex officio if the following periods have elapsed over and above the period of the sentence imposed by the court:a. 20 years in the case of a custodial sentence of at least five years;b. 15 years in the case of a custodial sentence of at least one but less than five years;c. ten years in the case of custodial sentences of less than a year;d. (1) ten years in the case of deprivation of liberty in accordance with Article 25 JCLA (2) .
2 In the event that a custodial sentence has already been entered in the register, the periods in accordance with paragraph 1 are extended by the duration of that sentence.
3 Convictions involving a suspended custodial sentence, a suspended custody order, a monetary penalty, community service or a fine as the main penalty are removed ex officio after ten years. (3)
4 Convictions that involve an in-patient measure in addition to a sentence or an in-patient measure alone are removed ex officio after:a. 15 years in the case of measures under Articles 59–61 and 64;b. (4) ten years in the case of secure placement in accordance with Article 15 paragraph 2 of the JCLA.c. (5) seven years in the case of open placement in an institution or with private persons in accordance with Article 15 paragraph 1 JCLA.
4bis Convictions that solely involve out-patient treatment in accordance with Article 63 are removed ex officio after ten years. Convictions that involve out-patient treatment in accordance with Article 14 JCLA are removed ex officio after five years unless it is possible to calculate the period in accordance with paragraphs 1–4. (6)
4ter Convictions that solely involve a measure under Article 66 paragraph 1, 67 paragraph 1 or 67e of this Code or under Articles 48, 50 paragraph 1 or 50e of the Military Criminal Code (7) are removed ex officio after ten years. (8)
4quater Convictions that solely involve a prohibition order under Article 67 paragraphs 2–4 or under 67b of this Act or under Article 50 paragraphs 2–4 or under 50b MCC are removed ex officio after ten years. (9)
4quinquies Convictions that solely involve a prohibition order under Article 16a JCLA are removed ex officio after seven years. (9)
5 The periods in accordance with paragraph 4 are extended by the duration of the remainder of the sentence.
5bis Convictions that include an expulsion order remain on the register until the death of the person concerned. If the person concerned is not resident in Switzerland, the conviction is removed from the register at the latest 100 years after his birth. If the person concerned acquires Swiss citizenship, he may apply to have the conviction removed in accordance with periods set out in paragraphs 1–5 eight years after naturalisation. (11)
6 The period begins to run:a. (12) in the case of convictions under paragraphs 1, 3 and 4ter, 4quater and 4quinquies: on the day on which the conviction becomes legally binding;b. in the case of convictions under paragraphs 4 and 4bis: on the day on which the measure is revoked or the person concerned receives his final discharge from the measure. (4)
7 After removal, the entry may no longer be reconstructed. The removed conviction may no longer be cited against the person concerned.
8 Data from the register of convictions must not be archived.
(1) Inserted by Art. 44 No 1 of the Juvenile Criminal Law Act of 20 June 2003, in force since 1 Jan. 2007 ([AS 2006 3545]; BBl 1999 1979).
(2) [SR 311.1]
(3) Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 ([AS 2010 6015], [2011 487]; [BBl 2009 5917]).
(4) (13)
(5) Inserted by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 ([AS 2010 6015], [2011 487]; [BBl 2009 5917]).
(6) Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions)([AS 2006 3539 ]3544; [BBl 2005 4689]). Amended by Annex No 2 of the FA of 19 March 2010, in force since 1 Jan. 2013 ([AS 2010 6015], [2011 487]; [BBl 2009 5917]).
(7) [SR 321.0]
(8) Inserted by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 ([AS 2006 3539 ]3544; [BBl 2005 4689]). 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]).
(9) (10)
(10) 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]).
(11) 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]).
(12) 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]).
(13) Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 ([AS 2006 3539 ]3544; [BBl 2005 4689]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
