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311 CH-AR

Cantonal Criminal Law Act - Scope of Application

29 Articles / Provisions · Switzerland · Canton of Appenzell Ausserrhoden
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Table of Provisions (29)

Art. 1 Act on Cantonal Criminal Law Art. 2 Law on Cantonal Criminal Law Art. 3 Law on Cantonal Criminal Law Art. 4 Law on Cantonal Criminal Law - Concurrence of Punishable Acts Art. 5 Law on Cantonal Criminal Law Art. 6 Law on Cantonal Criminal Law - Authority of the Municipalities Art. 7 Law on Cantonal Criminal Law Art. 8 Law on Cantonal Criminal Law Art. 9 Law on Cantonal Criminal Law - Omission of Rescue Assistance Art. 10 Law on Cantonal Criminal Law Art. 11 Law on Cantonal Criminal Law - Begging Art. 12 Law on Cantonal Criminal Law - Gambling for High Stakes Art. 13 Cantonal Criminal Law Act - Throwing Objects and Other Disturbances Art. 14 Cantonal Criminal Law Act - Reckless Handling of Firearms Art. 15 Law on Cantonal Criminal Law - Punishable Animal Keeping Art. 16 Law on Cantonal Criminal Law - Unauthorized Manufacture of Keys and Seals Art. 17 Law on Cantonal Criminal Law - False Alarm Art. 18 Law on Cantonal Criminal Law - Disturbance of Peace Art. 19 Law on Cantonal Criminal Law - Indecent Behavior Art. 20 Law on Cantonal Criminal Law - Defacement Art. 23 Law on Cantonal Criminal Law - Unauthorized Self-Help Art. 24 Cantonal Criminal Law Act - Damage to Official Announcements Art. 25 Law on Cantonal Criminal Law Art. 26 Law on Cantonal Criminal Law - Obstruction of Service Art. 27 Law on Cantonal Criminal Law - Assumption of a Professional Title Art. 29 Canton Penal Code Art. 30 Law on Cantonal Criminal Law - Fraud in Performance Art. 31 Law on Cantonal Criminal Law - Amendment of Enactments Art. 32 Law on Cantonal Criminal Law - Entry into Force

Statutory Text (29 Articles)

A. General Provisions

1. The general provisions of this law shall apply to all penal provisions of cantonal law, insofar as the corresponding enactments do not contain special provisions.

A. General Provisions

1. The general provisions of the Swiss Criminal Code shall apply mutatis mutandis to acts punishable under cantonal law, subject to any differing regulations of cantonal decrees.

A. General Provisions

1. Violations of cantonal law are also punishable if committed negligently, unless the wording or spirit of the penal provision punishes only intentional conduct.

A. General Provisions

1. If a person has committed both a cantonal infraction and a crime or misdemeanor through the same act, the infraction of cantonal law is not prosecuted.

A. General Provisions

1. Cantonal and Governmental Councils are authorized to threaten fines for the enforcement of the regulations they have issued.

A. General Provisions

1. Municipalities are authorized to threaten fines for the enforcement of the regulations and ordinances they issue.

2. For the application of such provisions, the provisions of this law and the Swiss Code of Criminal Procedure shall apply. Violations are only prosecuted upon complaint by the municipal authorities.

A. General Provisions

1. Members of the Cantonal Council and the Government Council can only be subject to criminal prosecution for statements made in the Cantonal Council and its committees if two-thirds of the attending members of the Cantonal Council grant authorization for it.

2. Municipalities are authorized to enact provisions regarding immunity at the municipal level.

A. General Provisions

1. Members of the Government Council and the Supreme Court can only be prosecuted for offenses committed in office if a majority of the Cantonal Council grants authorization for such prosecution. In this case, the Cantonal Council determines the further procedure.

B. Individual Offenses

1. Whoever intentionally fails to comply, without sufficient reason, with the request of an officer or a member of an authority to provide assistance in cases of accidents or public danger, shall be punished with a fine.

B. Individual Offenses

1. Whoever, in self-defense or necessity, kills or seriously injures a person and does not immediately report it to the police shall be punished with a fine.

B. Individual Violations

1. Anyone who annoys others through aggressive begging or sends children or dependents out to beg shall be punished with a fine.

B. Individual Violations

1. Anyone who organizes games of chance for high stakes, tolerates them on their premises, or participates in such games, shall be punished with a fine.

B. Individual Offenses

1. Anyone who intentionally endangers or annoys the public by throwing objects, pouring liquids, or emitting gases shall be punished with a fine.

B. Individual Offenses

1. Whoever sells or entrusts firearms or ammunition to a person under 16 years of age or to a person who cannot be presumed to have the necessary knowledge or caution for the use of these items, without proper supervision, or whoever aims a firearm at a person for fun or otherwise recklessly, shall be punished with a fine.

B. Individual Violations

1. Whoever fails to properly contain and supervise a wild or vicious animal, or who intentionally incites, provokes, or causes an animal to become uncontrollable, thereby creating a danger to people, animals, and property, shall be punished with a fine.

2. The judge may order the killing of the animal.

B. Individual Violations

1. Whoever intentionally manufactures or delivers picks, keys, stamps, or official forms without authorization, or to unauthorized persons,

whoever intentionally misuses picks, keys, stamps, seals, or official forms or procures them for this purpose,

shall be punished with a fine.

B. Individual Offenses

1. Whoever knowingly and falsely alarms the public's safety and emergency services or medical personnel, misuses sirens, signaling devices, calling systems, and similar equipment, or intentionally frightens or terrorizes the population through false fire alarms, false news, rumors, and the like, shall be punished with a fine.

B. Individual Violations

1. Whoever willfully disturbs the nighttime peace through noise,

or grossly disrupts the peace on Sundays and public holidays,

shall be punished with a fine.

B. Individual Offenses

1. Whoever behaves in a disorderly manner in public while in a state of intoxication or under the influence of intoxicants, or whoever grossly violates public decency and decorum in any other way, shall be punished with a fine.

B. Individual Offenses

1. Whoever defaces buildings, walls, or monuments with signs, inscriptions, or in a similar manner shall be punished with a fine.

2. Attempt and complicity are punishable.

B. Individual Violations

1. Whoever enforces their supposed or actual right, when it is disputed, without being authorized by law or official order to do so, shall, upon request, be punished with a fine.

2. Attempt and complicity are punishable.

B. Individual Violations

1. Anyone who intentionally removes, damages, defaces, or defiles publicly posted official announcements shall be punished with a fine.

B. Individual Offenses

1. Whoever unlawfully contacts or delivers anything to a person who has been arrested by the police, is held in investigative or deportation detention, or is in correctional or enforcement custody, shall be punished with a fine.

2. Attempt and complicity are punishable.

B. Individual Offenses

1. Any person who obstructs or prevents officers or members of an authority with police functions, who properly identify themselves, from performing their duties, or who refuses or provides incorrect information regarding their name or other personal details upon a legitimate request by officers or members of an authority, shall be punished with a fine.

B. Individual Offenses

1. Anyone who falsely claims to hold an academic degree or who uses an academic degree from an institution that is clearly not equivalent to the same-named degree from a Swiss state university, or who unlawfully announces that they have obtained a diploma for training or a certificate of competence, shall be punished with a fine.

2. The judge may order the publication of the judgment.

B. Individual Violations

1. Any member of an authority or official of the canton or a municipality who willfully neglects their duties shall be punished by a fine.

B. Individual Violations

1. Whoever fraudulently misleads an official or an authority by pretending or suppressing facts, or fraudulently exploits their error to unlawfully obtain a concession, permit, or other benefit from the public authority, shall be punished with a fine.

2. Attempt and complicity are punishable.

C. Final Provisions

1. The following enactments are amended as follows

a) Ordinance of 5 November 1979 on the Establishment and Residence of Swiss Nationals;

b) Ordinance of 8 June 1958 on Nature Conservation;

c) Act of 27 April 1969 on the Keeping of Dogs;

d) * Ordinance of 1 December 1960 on the Federal Meat Inspection Ordinance;

e) * Act of 28 April 1963 on Fire and Natural Disaster Insurance;

f) * Act of 27 April 1969 on the Hospitality Industry and Retail Trade of Alcoholic Beverages;

g) * Act on the Introduction of the Swiss Civil Code;

h) * Act on Hunting, Wildlife and Bird Protection;

i) * Tax Act;

j) * Act on State Roads;

k) * Act on Health Care;

l) * Act on the Introduction of Federal Laws on Environmental Protection and on the Protection of Water Bodies;

m) * Act on Playing in Public Establishments and Lottery Affairs;

n) * Act on Slot Machines and Gaming Operations;

o) * Ordinance to the Federal Act of 4 October 1930 on Commercial Travelers and the related Implementing Ordinance of 5 June 1931.

C. Final Provisions

1. This law shall enter into force upon its adoption by the Landsgemeinde.

2. Upon its entry into force, all provisions that contradict it shall be repealed, in particular the law of April 27, 1941, concerning the introduction and application of the Swiss Criminal Code and cantonal criminal law.

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