Neuchâtel Penal Code (NPC), of November 20, 1940 - Principle of the Legality of Penalties (NSG)

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1. No one may be punished except by virtue of a provision of the law.

2. The Council of State may provide, as a sanction for its decrees and regulations, a fine of up to 10,000 francs.

3. Municipalities may provide, as a sanction for their decrees and regulations, established within the limits of their competencies, a fine of up to 10,000 francs.

Unless otherwise specified by a federal law or an intercantonal concordat, the Neuchâtel penal code applies to offenses penalized by cantonal legislation, in accordance with Article 335 of the Swiss Penal Code, and that are committed within the territory of the canton.

The provisions of the general part of the Swiss Penal Code (Art. 1 to Art. 110) are applicable as supplementary cantonal law, subject to the provisions set forth in the following articles.

Unless otherwise provided, the specific sanctions of cantonal law shall remain in force.

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[4] 1. The fine shall not be less than 20 francs nor more than 10,000 francs.

2. In cases expressly provided for by law, it may, however, reach 40,000 francs.

3. In the event of a repeat offense or concurrent offenses, the judge may double the amount of the fine set by law, without exceeding 40,000 francs.

Infractions are punishable, even if committed through negligence, unless it appears from the meaning of the legal provision that only intentional fault is punishable.

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[6] 1 Whoever engages in practices intended to modify the sexual or affective orientation or gender identity of a third party, or whoever organizes, promotes, or proposes such practices, shall be punished with a fine.

2. The following do not constitute practices referred to in paragraph 1

a) psychosocial or psychotherapeutic services that contribute to the free expression of affective or sexual orientation or gender identity;

b) gender affirmation treatments (including hormonal and surgical) that are medically indicated.

[7] Anyone who, having the responsibility or custody of a minor and, abusing their right of correction, commits excesses against said minor, shall be punished with a fine.

[8] Whoever has participated in a brawl that has not resulted in the death of one of the participants, nor in bodily harm, shall be punished, for this sole fact, with a fine, unless they have confined themselves to repelling an attack, defending another person, or separating the combatants.

[9] Whoever fails to report to the Neuchâtel police at the earliest opportunity the fact that they have killed or injured a person through negligence shall be punished with a fine.

[10] Anyone who removes wood, other products from the soil, or agricultural or horticultural products not yet harvested, shall be punished with a fine if the object is of little value.

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Whoever shall have trespassed upon another's land when it is sown or laden with crops, or shall have driven cattle, horses, or vehicles thereon, whoever shall have encroached, without right, upon another's property during the harvest or grape harvest, shall be punished with a fine.

[13] Whoever has abandoned waste or other movable items on someone else's property without the consent of the owner or their legal representatives shall be punished with a fine.

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[15] Any person who, for the purpose of profit, exploits the credulity of others by predicting the future, interpreting dreams, reading cards, invoking spirits, indicating the location of supposed hidden treasures, or by any other means,

any person who has publicly offered to engage in such practices,

shall be punished with a fine.

Whoever, without right, has torn down, shredded, or rendered unusable or illegible, even partially, posters that individuals have posted in places and under conditions set by law or by the authority, shall be punished with a fine.

[16] Whoever defaces buildings or fences with drawings, inscriptions, or in any other manner shall be punished with a fine.

[17] 1 Whoever shall have filled in ditches, damaged or destroyed fences, cut or removed live or dry hedges serving as boundaries, shall be punished with a fine, unless the act is penalized more severely by another legal provision.

Whoever, without right, enters places or uses a passage whose access is prohibited by a decision of the authority shall be punished with a fine, unless the act is more severely punished by another legal provision.

[18] Whoever has neglected the duty of supervision incumbent upon them with regard to a dangerous mentally ill person shall be punished with a fine.

**[19] Whoever, by provoking or frightening an animal, has endangered people, property, or other animals, whoever has failed to restrain an animal under their care when it attacked people or animals, will be fined. The judge may order the dangerous animal to be put down.**

[20] Whoever, without administrative authorization, possesses dangerous wild animals, whoever fails to keep a wild or dangerous animal confined, releases it, or does not take the precautions required by the circumstances, shall be fined. The judge may order the animal to be destroyed.

Whoever fails to carry out the measures prescribed by the authority for the destruction of harmful animals, insects, or plants shall be subject to a fine, unless the act is punished more severely by another legal provision.

[21] Whoever has sold or otherwise circulated, knowingly and without legal right, products or goods that are, by their nature, harmful or dangerous to the health of humans or animals, whoever has imported or taken into custody such products, knowingly and without legal right, shall be liable to a fine.

[22] Whoever, without legal right, diverts or modifies a watercourse passing through their land or used to supply a fountain or another property, shall be punished with a fine. The judge may order the destruction of the structures used to commit the offense, at the expense of the offender.

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[24] Whoever, without right, makes or has keys made, shall be punished with a fine.

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1. Whoever shall have raised an alarm or spread panic in a crowd or among the population, particularly by spreading false news or by shouting without cause about fire or help, shall be punished with a fine.

2. Whoever shall have alarmed public service agencies, particularly the police or fire service, without cause, or whoever shall have disturbed or molested others by abusively using ringing or alarm telephone installations, shall be punished with a fine.

[28] Whoever, in public, engages in seditious demonstrations capable of disturbing public order, notably by displaying insignia or emblems, delivering speeches, or uttering seditious cries, shall be subject to a fine, unless the act is punished more severely by another legal provision.

[29] Whoever causes noise that disturbs the nighttime peace or public tranquility shall be punished by a fine.

[30] Whoever, in public auctions of movable or immovable property, has obstructed or disturbed the freedom of bidding or offers, through acts of violence or threats, either before or during the auctions or offers, shall be punished with a fine.

[31] Whoever conducts a sale of movable property by public auction without authorization, or engages in commerce of items displayed or sold at the auction venue, shall be subject to a fine.

[32] Whoever shall cause a public scandal while in a state of intoxication shall be punished with a fine.

[33] Whoever, due to laziness and being without means, wanders from place to place without having a fixed residence, shall be punished with a fine.

[34] Any habitual beggar, or any person who induces minors or persons under their authority to beg, shall be punished with a fine.

Whoever shall throw, use, or pour substances, risking injuring, dirtying, or molesting individuals, shall be punished with a fine.

Whoever, without authorization, fires gunshots or fireworks near buildings or flammable objects shall be subject to a fine.

[35] Anyone who, through violence, threats, or any other form of intimidation, has infringed or attempted to infringe on the freedom of work shall be subject to a fine.

[36] Whoever shall disturb the public peace with the intent to undermine constitutional liberties shall be punished with a fine, unless the act is punished more severely by another legal provision.

Whoever is found guilty of failing to comply with the ordinances, decrees, or police regulations of public administrations shall be fined, unless the act is punished more severely by another legal provision.

[37] Whoever fails to comply with the order or summons of a police officer acting within the limits of their authority shall be punished with a fine.

[38] Any person who, when requested by a public official in the exercise of their duties and acting within the limits of their authority, refuses to provide information about their identity, status, or other personal qualities, or provides false information, shall be subject to a fine.

[39] Any person who, when requested by an authority or a police officer to provide assistance in an emergency, refuses without valid reason to comply with such a request,

or any person who prevents a third party from providing such requested assistance, or hinders them in the fulfillment of this duty,

shall be punished by a fine.

[40] Whoever violates the prescriptions and measures enacted by the authority to ensure order, security, tranquility, convenience, healthiness, or cleanliness of public roads or the safety of the inhabitants,

whoever, without just cause, fails to comply with a summons or respond to a citation from the cantonal or communal executive authority,

shall be punished with a fine.

[41] Whoever shall have torn down, torn apart, or rendered unusable or unreadable an official publication posted in public shall be punished with a fine.

[42] Anyone who, by inappropriate behavior, disrupts a session or hearing of a public authority shall be punished with a fine.

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[44] Whoever forges the seal of a public authority or knowingly uses such a forged seal, whoever illicitly affixes the seal of a public authority, shall be punished with a fine, unless the act is more severely punished by another legal provision.

[45] Any voter who has been duly appointed to serve on an electoral board or a counting board and, without being excused, fails to respond to their summons, arrives late, or leaves the board without authorization, shall be punished with a fine.

[46] Whoever, in a polling station, causes a disturbance or refuses to comply with an order given by the presiding officer,

whoever impedes the execution of that order or otherwise disrupts the electoral operations,

shall be subject to a fine.

"Whoever misuses a civic card shall be subject to a fine if the offense is not addressed by Article 282, Chapter One, Paragraph 2, of the Penal Code."

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[48] Whoever has made a false statement for their own benefit or for the benefit of a third party in an administrative investigation shall be punished with a fine.

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[50] Any law enforcement officer or prison administration officer who has committed acts of violence or other ill-treatment against a person under their custody or care shall be punished with a fine, unless the act is penalized more severely by another legal provision.

[51] Any official or public officer who has been dismissed, removed, or suspended and continues to perform the duties from which they have been deprived, or who refuses to return the archives, seals, or other objects belonging to their office, shall be punished with a fine.

[52] Any magistrate, official, or public force agent who performs an arrest or a home visit without observing the forms prescribed by law, shall be punished with a fine.

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Whoever assumes a false capacity or a title of an official nature to which they are not entitled shall be punished with a fine, unless the act is punished more severely by another legal provision.

Whoever harvests grapes at night or outside of the permitted times, or anyone who, without the owner's authorization, gleanes in a vineyard, shall be punished with a fine.

Anyone who has allowed livestock to wander,

anyone who has driven or allowed livestock to roam unlawfully on another's land,

shall be punished with a fine.

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[56] Whoever has contravened the provisions relating to establishment or residence shall be punished with a fine.

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1. Whoever, without authorization, has undertaken or caused to be undertaken a burial, cremation, exhumation, or has placed a body in a location not designated for the resting of the dead, shall be subject to a fine.

2. Whoever has disposed of, without notifying the authority, a fetus or a stillborn child, shall be subject to a fine.

3. Whoever has otherwise violated the laws and regulations concerning the management of burials, shall be subject to a fine.

[59] A mother who has concealed her childbirth shall be subject to a fine, unless the act falls under Article 116 of the Criminal Code.

Repealed as of January 1, 1942

1. Article 57 of the law on municipalities, dated March 5, 1888;

2. Article 30 of the law on public assistance and on the protection of unfortunate children, dated March 23, 1889;

3. Articles 43 to 45 of the law on burials (free burials), dated July 10, 1894;

4. Articles 53 to 61 of the law on the exercise of political rights, dated November 23, 1916;

5. Article 28 of the law on unfair competition and liquidations, dated April 18, 1922;

6. Article 18, paragraphs 1 and 2, of the law on the regulation of residents, dated May 17, 1933;

7. Article 6 of the ordinance concerning measures intended to prevent water contamination by oil and hydrocarbon residues, dated June 26, 1936;

8. Articles 37 to 41 of the law on the exercise of itinerant professions, dated April 13, 1937;

9. All other provisions contrary to the present code.

THE STATE COUNCIL

The State Council is responsible for ensuring, if necessary, after the formalities of the referendum, the promulgation and execution of the present code, which shall come into force on January 1, 1942.

Code promulgated by the State Council on February 14, 1941, effective January 1, 1942.

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Neuchâtel Penal Code