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812.21 HMGLPTHLATER CH AI generated

Art. 87 Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Other offences

TPA; Chapter 8 Criminal Provisions
Open official source Full Act (141 Articles) Machine-readable Markdown (.md)

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A fine not exceeding 50,000 Swiss francs shall be imposed on any person who wilfully: {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} a. manufactures, places on the market, imports or exports, or trades in a foreign country therapeutic products or excipients which do not conform to the requirements stated in the Pharmacopoeia; b. contravenes the regulations on the advertising of medicinal products; c. {note: Amended by No I of the FA of 22 March 2019, in force since 26 May 2021 ( AS 2020 2961; BBl 2019 1).} violates an obligation under this Act to notify, register or disclose; d. violates the obligations to label, keep records, to archive or to cooperate; e. violates the obligation of secrecy, unless there is a violation of Article 162, 320 or 321 of the Criminal Code {note: SR 311.0} ; f. {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} commits an offence referred to in Article 86 paragraph 1 letters a–g where the therapeutic product is intended exclusively for personal use or involves an over-the-counter medicinal product or a Class I medical device in accordance with Annex IX to Directive 93/42/EEC {note: Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, OJ L 169 of 12.7.1993, p. 1; last amended by Directive 2007/47/ECD, OJ L 247 of 21.9.2007, p. 21.} concerning medical devices; [tab] g. {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} fails to comply with a ruling against him or her which refers to the penalties provided for in this article; h. {note: Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} infringes the obligation of transparency laid down in Article 56. If the person concerned acts in a professional capacity in the cases referred to in paragraph 1 letter a, b, e or f, he or she shall be liable to a monetary penalty. {note: Amended by No I of the FA of 22 March 2019, in force since 26 May 2021 ( AS 2020 2961; BBl 2019 1).} If the person concerned acts through negligence, the penalty shall be a fine not exceeding 20,000 Swiss francs. {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} Attempts and aiding and abetting are also offences. The right to prosecute contraventions and execute the penalties for contraventions are subject to a time limit of five years. In particularly minor cases, prosecution and sentencing may be waived.

Art. 87 TPA · Other offences

A fine not exceeding 50,000 Swiss francs shall be imposed on any person who wilfully: a. manufactures, places on the market, imports or exports, or trades in a foreign country therapeutic products or excipients which do not conform to the requirements stated in the Pharmacopoeia; b. contravenes the regulations on the advertising of medicinal products; c. violates an obligation under this Act to notify, register or disclose; d. violates the obligations to label, keep records, to archive or to cooperate; e. violates the obligation of secrecy, unless there is a violation of Article 162, 320 or 321 of the Criminal Code ; f. commits an offence referred to in Article 86 paragraph 1 letters a–g where the therapeutic product is intended exclusively for personal use or involves an over-the-counter medicinal product or a Class I medical device in accordance with Annex IX to Directive 93/42/EEC concerning medical devices; [tab] g. fails to comply with a ruling against him or her which refers to the penalties provided for in this article; h. infringes the obligation of transparency laid down in Article 56.

If the person concerned acts in a professional capacity in the cases referred to in paragraph 1 letter a, b, e or f, he or she shall be liable to a monetary penalty.

If the person concerned acts through negligence, the penalty shall be a fine not exceeding 20,000 Swiss francs.

Attempts and aiding and abetting are also offences.

The right to prosecute contraventions and execute the penalties for contraventions are subject to a time limit of five years.

In particularly minor cases, prosecution and sentencing may be waived.

← Art. 86 TPA Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Purpose Art. 88 TPA →

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Court Decisions Applying This Provision (70)

UE230315 · zh (Art. 87 Abs. 6 HMG)
Importation of Controlled Substance for Medical Use as "Particularly Light Case"
The court confirmed the prosecutor's decision to discontinue the proceedings based on this provision, which allows for abstention from prosecution in particularly minor cases.
SB240314 · zh (Art. 87 Abs. 1 lit. f HMG in Verbindung mit Art. 86 Abs. 1 lit. a HMG)
Appeal Regarding Drug Trafficking Conviction, Sentencing, and Fines
The court confirmed the conviction for violating the Medicinal Products Act (though it waived punishment for this offense in the final order).
SB240314 · zh (Art. 87 Abs. 6 HMG)
Appeal Regarding Drug Trafficking Conviction, Sentencing, and Fines
The court explicitly decided to waive punishment for the violation of the Medicinal Products Act based on this provision.
2023.12.19.sr.1 · bl (Art. 87 Abs. 1 lit. f HMG)
Narcotics Act Case Discontinued Due to Procedural Limitations
Cited in the first instance judgment regarding the conviction for violation of the HMG.
360----------- · vd (art. 87 al. 1 let. f LPTh)
Sexual Coercion Conviction Upheld, Drug/Therapeutic Product Convictions Overturned, Sentence Modified
Cited in the grounds section ('Par ces motifs') regarding the acquittal from the contravention to LPTh (ordre I), although the final acquittal is based on the reasoning that the exemption for personal use applies (art. 36 al. 1 aOAMéd mentioned later).
C-2825/2020 (Art. 87 Abs. 1 Bst. g HMG)
Swissmedic Advertising Ban Appeal Mooted by Revised Decision
Cited in the original order of Swissmedic as the legal basis for penalties for violations of advertising regulations.
2021.05.07.sr.1 · bl (Art. 87 Abs. 1 lit. f HMG i. V. m. aArt. 86 Abs. 1 lit. b und c HMG, aArt. 5 lit. a HMG, aArt. 9 Abs. 2 lit. a HMG, Art. 49 Abs. 1 StGB, Art. 106 Abs. 2 StGB sowie Art. 333 Abs. 3 und 4 StGB)
Reckless Indirect Homicide and Drug Law Violations
This provision was used to convict the defendant for the offenses of manufacturing a medicinal product without a license and dispensing medicinal products without authorization.
460.20.23 · bl (Art. 87 Abs. 1 lit. f HMG)
Suicide Capacity and Reckless Harm Ruling
Used to find the defendant guilty of the offense of storing a unlawfully manufactured and thus unusable and non-marketable medicinal product, as this provision covers violations without concrete endangerment.
P/857/2017 · ge (art. 87 al. 1 let. f de la Loi fédérale sur les médicaments et les dispositifs médicaux (LPTh))
Unauthorized Medical Practice and Insurance Fraud Conviction Upheld
The appellant was convicted of illegally prescribing prescription drugs for the period after February 5, 2015, based on this article.
A-3334/2019 (Art. 87 al. 1 let. c LPTh)
Access to Prosthetic Device Incident Reports, Including User and Manufacturer Data
Specifies sanctions (fines) for violations of reporting obligations.
SST.2019.231 · ag (Art. 87 Abs. 1 lit. f HMG)
United States v. Jones
Procedural rule for the suspension of proceedings due to statute of limitations.
P/857/2017 · ge (art. 87 al. 1 let. f de la Loi fédérale sur les médicaments et les dispositifs médicaux (LPTh))
Unauthorized Practice of Medicine and Insurance Fraud Involving Forgery
XA____ was found guilty of an offense under this article for the period after February 5, 2015.
SK1 2018 23 · gr (Art. 26 HMG i.V.m. Art. 87 Abs. 1 lit. f HMG)
Medical Practitioner Self-Dispensing Violations Appeal
The appellant was convicted of repeated violation of Art. 26 HMG in connection with Art. 87 para. 1 lit. f HMG.
C-6485/2016 (Art. 87 Abs. 1 Bst. g HMG)
Company Barred from Manufacturing Transplant Products Without Permits
Cited in the dispositive as the legal basis for potential fines for non-compliance with the prohibitions.
C-669/2016 (Art. 87 al. 1 let. g LPTh)
Foundation v. Regulatory Authority: Mobile App Classified as Medical Device
Cited as a potential penalty for non-compliance with the order.