311.0
STGBCP
CH
Art. 21 Schweizerisches Strafgesetzbuch (StGB)
StGB; Erster Teil: Verbrechen und Vergehen; Zweiter Titel: Strafbarkeit; 3. Rechtmässige Handlungen und Schuld.; Irrtum über die Rechtswidrigkeit
Art. 21 StGB
Wer bei Begehung der Tat nicht weiss und nicht wissen kann, dass er sich rechtswidrig verhält, handelt nicht schuldhaft. War der Irrtum vermeidbar, so mildert das Gericht die Strafe.
Gerichtsentscheide zu dieser Bestimmung (284)
50/2019/24 · sh (Art. 21 StGB)
Attempted Homicide by Mentally Ill Defendant Using Chainsaw
Mentioned as the relevant provision for a mistake of wrongfulness (Verbotsirrtum), although its application was dismissed due to lack of capacity.
AbR.2010.11.Nr.16 · ow (Art. 21 StGB)
Confiscation of Motor-Bicycle for Repeated Driving Without License Upheld
This provision deals with the exclusion of guilt due to error regarding the unlawfulness of an act, indicating that the court considered it in its reasoning regarding the defendant's knowledge.
STAPP.2003.10 · so (Art. 21 StGB)
Obstruction of Bus Insufficient for Attempted Coercion
This article concerns attempt, which the court found was not established because the subjective intent for the full offence was lacking.
VPB 1994-05-10 (Art. 21 of the transitional provisions of the CP)
Federal Decrees and Ordinances on Transportation, Alpine Protection, and International Agreements
This article establishes the annual toll on motor vehicles and trailers over 3.5 tonnes for the use of roads open to general traffic.
CA.2025.4 (Art. 21 StGB)
Conviction for unlicensed financial intermediation
Deals with error regarding the unlawfulness (Vertoolsirrtum), which was raised and dismissed as a defense.
SST.2025.80 · ag (Art. 21 StGB)
Acquittal for Tax Fraud Due to Unavoidable Legal Error
Used to find that the defendant acted without culpability due to an unavoidable error regarding the illegality of his actions.
P/26035/2023 · ge (art. 21 CP)
Possession of Prohibited Weapon with Avoidable Error on Illegality Upheld
This article was cited in the operative part of the lower court's judgment which was confirmed, concerning the mitigation of the sentence due to avoidable error on wrongfulness.
SB220564 · zh (Art. 21 StGB)
Coercion conviction for unlawful traffic blockade during demonstration.
Discussed and rejected as an exculpatory error of prohibition.
ARMP.2023.52 · ne (Art. 21 CP)
Adventure Park Zip Line Installation Dispute and Prescription of Alleged Infractions
Cited regarding the concept of error of law (erreur de droit) as a possible defense for the Parc Aventure managers.
P3 23 47 · vs (Art. 21 StGB)
Prosecutor's Decision Not to Prosecute Property Damage Appeal Upheld Due to Lack of Criminal Intent
The court cited this article to support the finding that the accused could not be held culpable because they did not know or could not have known they were acting unlawfully (lack of fault).
S 2022 67 · zg (Art. 21 StGB)
Unauthorized Securities Trading Conviction Upheld on Appeal
This article on error of prohibition (Verbotsirrtum) was discussed in the reasoning but not explicitly cited in the final orders, except where the reasoning implies its relevance for sentence adjustment (reflected in the final penalty order 4).
KE 3 2022 · ai (Art. 21 StGB)
Cow Logo Advertising Violation
This provision was applied to mitigate the penalty due to the avoidable error of law concerning the prohibition.
SK 2021 303 · be (Art. 21 StGB)
Natural Health Practitioner Convicted for Document Forgery and Unlicensed Practice under Therapeutic Products Act
Relates to the lack of culpability due to a mistaken belief in the lawfulness of the action (Voraussetzungen für den Verbotsirrtum), although ultimately rejected for some counts.
CA.2022.1 (Art. 21 StGB)
Swiss Criminal Code Article 271: Illegal State Action in Debt Collection
This article addresses the concept of legal error as a potential justification or excuse for criminal behavior.
SBK.2021.373.SBK.2 · ag (Art. 21 StGB)
Appellants v. Crown (Property Damage and Trespassing)
Cited in relation to a mistake of law as a potential justification.