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321.0 MSTGCPM CH

Art. 4 Military Penal Code (MPC)

CPM; Partie 1 Dispositions générales; Titre 1 Champ d’application; 3. Conditions personnelles; Extension en cas de service actif
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Art. 4 CPM

In the event of active service, the following are also subject to military penal law, by decision of the Federal Council and to the extent determined by it: 1. civilians who are guilty of: a crime or offense against a military guard (Art. 65), usurpation of authority (Art. 69), military treason (Art. 87) or treason by spreading false information (Art. 89), acts of hostility against a belligerent or foreign troops (Art. 92), breach of contractual obligations (Art. 97), endangering military security (Art. 98 to 105 and 107), active corruption (Art. 141), disloyal management (Art. 144), aiding the escape of detainees (Art. 177); 2. civilians guilty of the acts provided for in Art. 73, 78, 115 to 118, 121 to 123, 128, 129 to 131, 134 to 136, 149 to 151c, 160, 161 to 165 and 167 to 169, if these acts are directed against military personnel and military authorities or affect items serving the army; 3. civilians who intentionally commit the acts provided for in Art. 166, 169a, 170 and 171; 4. military internees from belligerent states who belong to their armed forces, militias or volunteer corps, including organized resistance movements, interned civilians and refugees under the army's responsibility; 5. officials, employees, and workers of the military administration of the Confederation and the cantons, including those of military establishments and workshops, services and enterprises of vital interest, particularly water distribution services, hydraulic plants, power plants, gasworks, and hospitals.

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Court Decisions Applying This Provision (3)

VPB 93-058 (Art. 42, chiffre 4, CPM)
Switzerland: New Laws Target Organized Crime and Money Laundering
This article was used when the amount of assets to be confiscated under military law could not be precisely determined.
VPB 1991-07-09 (Art. 81a, alinéa 4 CPM)
Military Penal Code Amendments: Refusal of Service and Desertion
Provision stating that an individual is not punishable if declared unfit for military service, and this unfitness already existed at the time of insubordination.
C/26660/2007 · ge (Art. 4 CPM)
Jurisdiction for Provisional Measures Concerning Children Residing Abroad
This provision was discussed extensively concerning the jurisdiction of the Swiss courts based on the nationality of the minor, though ultimately found inapplicable due to procedural prerequisites not being met.