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Art. 23 Legge federale del 19 dicembre 1986 contro la concorrenza sleale (LCSl) - Concorrenza sleale
LCSl; Capitolo 4: Disposizioni penali
Art. 23 LCSl · Concorrenza sleale
Chiunque, intenzionalmente, si rende colpevole di concorrenza sleale ai sensi degli articoli 3, 4, 5 o 6 è punito, a querela di parte, con una pena detentiva sino a tre anni o con una pena pecuniaria.
Può sporgere querela chiunque è legittimato all’azione civile secondo gli articoli 9 e 10.
La Confederazione ha i diritti procedurali di un accusatore privato.
Decisioni giudiziarie che applicano questa disposizione (152)
SBK.2025.209 · ag (Art. 23 Abs. 1 UWG)
Restaurant Owner v. Prosecutor (Unfair Competition)
Cited as the legal basis for the requirement of intent and a criminal complaint for unfair competition.
BS 2024 111 · zg (Art. 23 Abs. 1 UWG)
Prosecutor's Decision to Discontinue Proceedings Challenged by Company Against Former Executives for Unfair Competition and Breach of Trust
Basis for lifting the non-commencement order regarding the accusation of unfair competition.
BS 2024 111 · zg (Art. 23 Abs. 1 UWG)
Prosecutor's Decision to Discontinue Proceedings Challenged by Company Against Former Executives for Unfair Competition and Breach of Trust
Cited in the reasoning regarding the criminal liability for unfair competition.
UE240487 · zh (Art. 23 UWG)
Appellant v. Prosecutor (Defamation and Unfair Competition Proceedings Discontinuation)
Cited as the basis for sanctioning unfair competition offenses, which were ultimately not found to be applicable (Order 1).
SK1 2023 7 · gr (Art. 23 Abs. 1 i.V.m. Art. 3 Abs. 1 lit. b, d und e UWG)
World Economic Forum v. Blockchain Economic Forum Trademark Dispute
The defendant was acquitted of the offense under this article as the main ground for the verdict.
SB240214 · zh (Art. 23 Abs. 1 UWG)
Unfair Competition Conviction Upheld Despite Prior Proceedings
This article forms the substantive basis for upholding the conviction for repeated unfair competition.
P/20430/2019 · ge (art. 23 al. 1 cum art. 3 al. 1 let. a LCD)
Trade Secrets Violation and Unfair Competition Conviction Upheld, Traffic Offense Affirmed.
The appellant was declared guilty of unfair competition based on this provision.
P/20430/2019 · ge (art. 23 cum art. 3 al. 1 let. b et 4 let. a LCD)
Trade Secrets Violation and Unfair Competition Conviction Upheld, Traffic Offense Affirmed.
The appellant was acquitted of offenses under these provisions.
BS 2023 104 · zg (Art. 23 Abs. 1 i.V.m. Art. 3 Abs. 1 lit. b UWG)
Public Prosecutor's Decision Upheld in Fraud and Forgery Appeal
Cited in the reasoning section when assessing the complaint concerning unfair competition (Widerhandlung gegen das UWG).
SB230131 · zh (Art. 23 Abs. 1 UWG in Verbindung mit Art. 3 Abs. 1 lit. q UWG)
Unfair Competition and Misuse of Emblems Conviction Upheld Despite Expired Suspended Sentence
The defendant was found guilty of an offense against the Unfair Competition Act based on this provision in the operative part (Dispositivziffer 1).
BS 2023 81 · zg (Art. 23 Abs. 1 in Verbindung mit Art. 3 Abs. 1 lit. a UWG)
Appeal Against Discontinuance of Criminal Investigation for Defamation, Insult, and Unfair Competition
The court ordered the continuation of the investigation regarding the violation of unfair competition law (UWG) offenses, which were implicitly included in the upheld sections of the appeal.
BEK 2023 44 · sz (Art. 23 Abs. 1 i.V.m. Art. 3 Abs. 1 lit. a UWG)
Private Complainant v. Public Prosecutor's Office (Defamation Dismissal Upheld, Unfair Competition Remanded)
This provision forms the basis for the partial allowance of the appeal and the remand of the case to the Public Prosecutor's Office for further examination regarding the unfair competition offense.
SB220107 · zh (Art. 23 UWG)
Federal Act Against Unfair Competition Pyramid Scheme Acquittal Affirmation
This article defining the offense (unfair competition) is cited in the dispositive (Order 4) when confirming the cost and compensation arrangement from the lower court, which dealt with this offense.
SB210463 · zh (Art. 23 UWG in Verbindung mit Art. 3 Abs. 1 lit. b. UWG)
Embezzlement, Business Mismanagement, and Unfair Competition Conviction Upheld, Sentence Reduced
Basis for conviction for unfair competition.
SB230011 · zh (Art. 23 Abs. 1 UWG in Verbindung mit Art. 5 lit. a UWG)
Misappropriation of Investor Presentation: Appeal Acquittal
The court acquitted the accused because the objective element of the offense of illicit utilization of work results was not met.