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232.21 WSCHGLPAPLPST CH AI generated

Art. 28 Federal Act of 21 June 2013 on the Protection of the Swiss Coat of Arms and Other Public Signs (CAPA) - Unlawful use of public signs

CAPA; Chapter 4 Legal Protection
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Any person who wilfully and unlawfully commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty: a. affixes domestic or foreign public signs protected under this Act or signs that could be confused with them to items, or who sells, makes available, imports, exports or carries in transit or otherwise places on the market items marked in this way; b. uses the signs under letter a on office signs, in advertisements, prospectuses, business papers, internet sites or the like; c. uses the signs under letter a for services or advertises services with such signs; d. uses an official designation or a designation that could be confused with it; e. uses a domestic or foreign national figurative or word sign. If the offender acts for commercial gain, the penalty is a custodial sentence not exceeding five years or a monetary penalty. ... {note: Second sentence repealed by No I 9 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, with effect from 1 July 2023 ( AS 2023 259; BBl 2018 2827).} Article 64 TmPA {note: SR 232.11} remains reserved.

Art. 28 CAPA · Unlawful use of public signs

Any person who wilfully and unlawfully commits any of the following acts is liable to a custodial sentence not exceeding one year or a monetary penalty: a. affixes domestic or foreign public signs protected under this Act or signs that could be confused with them to items, or who sells, makes available, imports, exports or carries in transit or otherwise places on the market items marked in this way; b. uses the signs under letter a on office signs, in advertisements, prospectuses, business papers, internet sites or the like; c. uses the signs under letter a for services or advertises services with such signs; d. uses an official designation or a designation that could be confused with it; e. uses a domestic or foreign national figurative or word sign.

If the offender acts for commercial gain, the penalty is a custodial sentence not exceeding five years or a monetary penalty. ...

Article 64 TmPA remains reserved.

← Art. 27 CAPA Federal Act of 21 June 2013 on the Protection of the Swiss Coat of Arms and Other Public Signs (CAPA) - Swiss cross Art. 29 CAPA →

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Court Decisions Applying This Provision (4)

SB230131 · zh (Art. 28 Abs. 1 lit. b und c WSchG in Verbindung mit Art. 2 Abs. 1 und Art. 8 Abs. 1 WSchG)
Unfair Competition and Misuse of Emblems Conviction Upheld Despite Expired Suspended Sentence
The defendant was found guilty of an offense against the Emblem Protection Act based on this provision in the operative part (Dispositivziffer 1).
P/2052/2021 · ge (art. 28 al. 1 let. a LPAP cum art. 8 al. 1 LPAP)
Forgery, Illicit Use of Signs, and Drug Possession Conviction
The defendant was declared guilty of illicit use of public signs based on this provision.
SB230131 · zh (Art. 28 Abs. 1 lit. b und c WSchG in Verbindung mit Art. 2 Abs. 1 und Art. 8 Abs. 1 WSchG)
Zurich Higher Court Confirms Conviction for Unfair Competition and Misuse of Swiss Coat of Arms
Cited as the basis for finding the accused guilty of an offense against the Federal Act on the Protection of National Emblems and Other Public Signs.
Jug.2025.286 · vd (art. 28 al. 1 LPAP)
Municipality vs. Citizen Regarding Misuse of Public Signs in Political Context
The appeal was admitted because the facts found did not fall under the scope of this provision (lack of commercial purpose).