Art. 69 Federal Act of 8 October 2004 on the Transplantation of Organs, Tissues and Cells (Act) - Felonies and misdemeanours

Provided that no more serious offence has been committed under the Criminal Code {note: SR 311.0} , a custodial sentence not exceeding three years or a monetary penalty shall be imposed on any person who wilfully: {note: Amended by No I of the FA of 19 June 2015, in force since 15 Nov. 2017 ( AS 2016 1163, 2017 5629; BBl 2013 2317).} a. {note: Amended by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 ( AS 2020 6567; BBl 2019 5971).} offers, grants, requests or accepts a financial gain or comparable advantage for the donation of human organs, tissues or cells (Art. 6 para. 1); b. {note: Amended by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 ( AS 2020 6567; BBl 2019 5971).} places human organs, tissues or cells on the market (Art. 7 para. 1 let. a); c. {note: Amended by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 ( AS 2020 6567; BBl 2019 5971).} removes organs, tissues or cells from a living or deceased person or transplants such human organs, tissues or cells if a financial gain or a comparable advantage has been offered, granted, requested or accepted for such organs, tissues or cells (Art. 7 para. 1 let. b); cbis. {note: Inserted by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 ( AS 2020 6567; BBl 2019 5971).} removes or transplants organs, tissues or cells without consent having been given; d. infringes the regulations governing preparatory medical measures (Article 10); e. removes organs, tissues or cells and in so doing creates a serious risk for the life or health of the donor (Art. 12 let. c); f. removes organs, tissues or cells from living persons who are incapable of judgement or who are minors without the preconditions for this having been met (Art. 13 para. 2 and 3); g. discriminates against persons with respect to inclusion in the waiting list or the allocation of organs (Art. 17 and 21 para. 2) or fails to allocate organs in accordance with the decisive criteria (Art. 18); h. infringes the regulations concerning the special duty of care (Art. 30–35 and 45) in so doing puts the health of people at risk; i. carries out clinical trials which do not comply with the requirements of this Act and in so doing endangers the health of people (Art. 36); j. determines the time and method of the termination of a pregnancy to coincide with the transplantation of embryonic or foetal human tissues or cells (Art. 37 para. 1); k. obtains superfluous embryos after the seventh day of their development or keeps aborted embryos or intact foetuses alive artificially in order to remove tissues or cells from them for transplantation purposes (Article 37 para. 2 let. a); l. transplants embryonic or foetal tissues or cells into a person who has been designated for this purpose by the donor (Art. 37 para. 2 let. b); m. uses embryonic or foetal tissues or cells from women who are incapable of judgement for the purpose of transplantation (Art. 37 para. 2 let. c); n. infringes the regulations governing the information and consent of the donor or the couple concerned (Art. 39 and 40). If the act is committed for commercial gain or if an offence under paragraph 1 letters a–c bis concerns an organ of a living person who is a minor, the penalty shall be custodial sentence not exceeding five years or a monetary penalty. {note: Amended by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 ( AS 2020 6567; BBl 2019 5971).} If the act is committed through negligence, the penalty shall be a monetary penalty not exceeding 180 daily penalty units. {note: Amended by No I of the FA of 19 June 2015, in force since 15 Nov. 2017 ( AS 2016 1163, 2017 5629; BBl 2013 2317).} An offender is also criminally liable in Switzerland if they have committed an offence under paragraph 1 letters a–c bis or paragraph 2 abroad. Article 7 of the Swiss Criminal Code applies. {note: Inserted by Annex No 1 of the FD of 19 June 2020 on the Approval of the Council of Europe Convention against Trafficking in Human Organs and on its Implementation, in force since 1 Feb. 2021 ( AS 2020 6567; BBl 2019 5971).}

Art. 69 Act · Felonies and misdemeanours