Federal Council wants to revise penal code

The most important points of the Federal Council communication of April 25, 2018 in brief:

• The Federal Council wants tougher penalties for violent and sexual offenses and is adjusting the corresponding sentencing ranges.
• The focus is on offenses committed against women and children.
• In addition, the penalty ranges for assaults on public officials and for property offenses are also to be adjusted.

The Special Part of the Criminal Code has been revised over 70 times in the last 40 years as a result of changing values and morals, technical developments and international agreements. Until now, it has never been examined in a cross-comparison whether the sentencing ranges correspond to the severity of the offenses and are proportionate to each other. This has now been done by the Federal Council.

With its bill, the Federal Council wants to ensure that criminal law remains a differentiated instrument for sanctioning criminal offenses that leaves the courts the necessary leeway. At the same time, the penalty frameworks are to be harmonized so that their relationship to each other is better coordinated. The revision does not create completely new penalty frameworks, but is limited to selective changes. The focus is on sexual offenses and offenses against life and limb.

Doubling the minimum penalty for rape

Since victims of sexual violence often suffer massively and for a long time from the physical and psychological consequences of the crime, the minimum penalty for rape will be increased from one year to two years' imprisonment, thus doubling the penalty. In addition, the definition of the offense is now gender-neutral and will in future also cover acts similar to coitus.

In the case of a sexual act with a child under the age of 12 that does not amount to rape, a minimum sentence of one year's imprisonment is introduced because children are particularly vulnerable. In the case of rape, a minimum sentence of two years' imprisonment applies.

For aggravated assault, the minimum penalty will be increased from six months to one year imprisonment. In addition, the minimum penalty is to be increased in certain cases of attacks on officials. If the violence against authorities and officials originates from a group, the minimum penalty will be increased from 30 to 120 daily fines. Furthermore, the minimum penalty for the commercial commission of property crimes will be uniformly set at 6 months' imprisonment. This will lead to an increase or decrease in the minimum penalty, depending on the facts of the offense.

In other areas, the range of penalties is to be reduced, for example in the case of false accusations or the falsification of bids.

Prevent crimes

With the bill passed today, the Federal Council is focusing on criminal law. However, it is just as important for the Federal Council to prevent criminal acts. It has therefore recently adopted various legislative projects and measures with which more can be done to protect against abuse, domestic violence and harassment. These include, above all, the expansion of mandatory reporting for the protection of young children and better protection against stalking with electronic shackles.

Press release 25.4.2018 / Federal Council