Swiss law

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Swiss law is a set of rules which constitutes the law in Switzerland. Swiss laws are identified by their number in the federal Systematische Rechtssammlung (abbreviated SR). The SR numbers are arranged topically and hierarchically. E.g. the initial digit 2 for private law, digit 3 for criminal law, etc. The Swiss Constitution of 1999 is SR 101.

Private law[edit]

Civil code[edit]

The Swiss Civil Code (SR 210) was adopted on 10 December 1907 and has been in force since 1912. It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law.

Public law[edit]

Constitutional law[edit]

Criminal law[edit]

The Swiss Criminal Code (Strafgesetzbuch, SR 311) of 21 December 1937 goes back to an 1893 draft by Carl Stooss. It has been in effect since 1942. Among the notable changes to earlier Swiss criminal law was the abolition of Capital punishment in Switzerland and the legalization of homosexual acts between adults (until 1990, the age of consent for homosexual acts remained set at 20 years, compared to 16 years for heterosexual acts).

The code has been revised numerous times since 1942. The most recent revision (as of 2010), in effect since 2007, introduced the possibility to convert short prison sentences (below one year) into fines, calculated based on a daily rate which has to be established based on the "personal and economic situation of the convict at the time of the verdict", with an upper limit set at CHF 3000 per day of the sentence. Practically all prison sentences shorter than one year have since been converted into fines, conditional sentences (parole) to conditional fines. This has caused controversy because the result is that lighter offences not punishable by imprisonment always result in unconditional fines, while more severe offences now often result in conditional fines that do not need to be paid at all.[1] The Federal Council in October 2010 announced its intention to revert to the earlier system, and all large parties expressed at least partial support.[2]

See also[edit]


External links[edit]