Art. 52 Schweizerisches Strafgesetzbuch (StGB)

BGE 92 IV 77 (Art. 52 Ziff. 1 Abs. 3 StGB)

Preventive detention of habitual offender under Article 42 SCC: judge may not substitute a guardianship or administrative measure for the statutory criminal sanction.

Basis for the consequent ten-year loss of civic rights imposed alongside the detention.

P/21573/2024 · ge (art. 52 CP)

Resident v. Prosecutor: Airsoft Replica Import Classification and Costs

This article concerning the penal rule applied when guilt and consequences are minor was the basis for the public prosecutor's decision to dismiss the case (as confirmed in the reasoning sections), which is the decision being reviewed.

P/14348/2025 · ge (Art. 52 CP)

Prosecutor's Decision to Discontinue Proceedings Upheld in Assault Case

Cited by the lower court and considered in the reasoning for the non-entry decision, which the appellate court confirmed.

P/8369/2025 · ge (Art. 52 CP)

Appellant v. Prosecutor (Non-Prosecution of Assault and Coercion)

Cited by the Public Prosecutor (and referenced in the court's reasoning) as a ground for not pursuing the case due to low culpability and consequences, which justified the refusal to enter a judgment.

ARMP.2025.72 · ne (Art. 52 CP)

Neighbor Dispute Involving Trespass Allegations and Refusal to Prosecute Slander Claim

The court considered applying this article regarding waiver of penalty when the culpability and consequences are minor, as an additional basis for rejecting the appeal.

P/17364/2022 · ge (Art. 52 CP)

Prosecutor's Decision to Dismiss Civil Order Violation and Fraud Charges Upheld

The court implicitly used this article as a subsidiary basis for maintaining the classification/non-entry decisions, noting the minor importance of the acts.

P/7289/2024 · ge (art. 52 CP)

Prosecutor's Dismissal of Slander Complaint Upheld in Labor Dispute Context

Subsidarily applied by the court to confirm the Public Prosecutor's decision not to prosecute due to the minor importance of the offense and consequences.

P/13509/2013 · ge (Art. 52 CP)

Director Convicted for Breach of Trust in Diamond Misappropriation

The appellant requested exemption from punishment based on this article, but the court rejected this in the operative part concerning his compensation claims (though the basis for rejection is detailed in section 5.1).

SBK.2025.70 · ag (Art. 52 StGB)

Prosecutor's decision to drop coercion charges upheld due to minor harm and mitigating circumstances.

Used to justify the discontinuance of the criminal investigation due to the insignificance of guilt and consequences.

UE240385 · zh (Art. 52 StGB)

Prosecutor's decision to discontinue criminal investigations upheld due to insufficient evidence.

Cited as a basis for discontinuing proceedings in cases with minor guilt and consequences.

SB240248 · zh (Art. 52 StGB)

Acquittal for Breach of Professional Secrecy Due to Lack of Intent

Although cited in the lower court's judgment (which was addressed by appeal points 1 and 2), this provision for abstention from punishment is not explicitly mentioned in the operative part of the final Obergericht decision.

P/595/2023 · ge (Art. 52 CP)

Spouse Violence Case Dismissal Upheld

Subsidiarity concerning damages to property (damage to the suitcase) was confirmed to justify classification of that charge.

P/29506/2024 · ge (art. 52 CP)

Prosecutor's Refusal to Prosecute Defamation and Privacy Claim Upheld

The court confirmed the decision not to prosecute based on the minor significance of the guilt and consequences of the act.

BS 2024 120 · zg (Art. 52 StGB)

State v. Defendant (Civil Service Obligations Discontinuation Appeal)

The appellate court found that the legal requirements for suspending prosecution under this article were not met, leading to the quashing of the dismissal order.

UE250034 · zh (Art. 52 StGB)

Prosecutor's refusal to investigate minor battery upheld

Allows for waiving prosecution when guilt and consequences of the act are minor.