Swiss law
Encyclopedia
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.
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.
, SR 311) of 21 December 1937 goes back to a 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.
The Federal Council
in October 2010 announced its intention to revert to the earlier system, and all large parties expressed at least partial support.
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
.
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.
Civil code
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
Bürgerliches Gesetzbuch
The Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project....
, and partly influenced by the French civil code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
, but the majority of comparative law
Comparative law
Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese law...
scholars (such as K. Zweigert and Rodolfo Sacco
Rodolfo Sacco
Rodolfo Sacco , is a professor emeritus at the University of Turin, Faculty of Law is undoubtedly one of Italy's best known legal scholars and one of Europe's most famous comparative lawyers. Sacco continues to teach and publish extensively on the topics of comparative law, legal harmonization and...
) argue that the Swiss code derives from a distinct paradigm of civil law.
- Swiss copyright law
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- List of Swiss financial market legislation
- Insolvency law of SwitzerlandInsolvency law of SwitzerlandThe insolvency law of Switzerland is the law governing insolvency, foreclosure, bankruptcy and debt restructuring proceedings in Switzerland. It is principally codified in the Federal Statute on Debt Enforcement and Bankruptcy of 11 April 1889 as well as in ancillary federal and cantonal laws.For...
Criminal law
The Swiss Criminal Code (StrafgesetzbuchStrafgesetzbuch (Switzerland)
The Strafgesetzbuch is the Criminal Code in Swiss law. The original version was created on 21 December 1937. It entered into force on 1 January 1942...
, SR 311) of 21 December 1937 goes back to a 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
Capital punishment in Switzerland
Capital punishment is forbidden in Switzerland by article 10, paragraph 1 of the Swiss Federal Constitution. It was abolished from federal criminal law in 1942, but remained available in military criminal law until 1992.-Use until 1937:...
and the legalization of homosexual acts between adults (until 1990, the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
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
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
) 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.
The Federal Council
Federal Council
-Governmental bodies:* Federal Council of Australasia, a forerunner to the current Commonwealth of Australia* Federal Council of Austria, the upper house of the Austrian federal parliament...
in October 2010 announced its intention to revert to the earlier system, and all large parties expressed at least partial support.
See also
- Swiss Institute of Comparative LawSwiss Institute of Comparative LawThe Swiss Institute of Comparative Law is an agency of the federal administration of Switzerland charged with research and consultancy in comparative law....
- Euthanasia in SwitzerlandEuthanasia in SwitzerlandLegislation on euthanasia in Switzerland permits assisted suicide. For example, deadly drugs may be prescribed as long as the recipient takes an active role in the drug administration. Active euthanasia is not legal. For assisted suicide, the law doesn't require a physician to be involved, nor...
- Law enforcement in SwitzerlandLaw enforcement in SwitzerlandLaw enforcement in Switzerland is mainly a responsibility of the 26 cantons of Switzerland, who each operate cantonal police agencies. Some cities also operate municipal police agencies as provided for by cantonal law. The federal government provides specialised services and is responsible for the...