311.0
STGBCP
CH
CH
Art. 263 Codice penale svizzero (CP)
CP; Titolo dodicesimo: Dei crimini o dei delitti contro la tranquillità pubblica; Atti commessi in istato di irresponsabilità colposa
Art. 263 CP
Chiunque, essendo in istato di irresponsabilità a cagione di ebbrezza colposa, prodotta da alcool o da altra intossicazione, commette un fatto represso come crimine o delitto, è punito con una pena pecuniaria.
La pena è una pena detentiva sino a tre anni o una pena pecuniaria se il colpevole, agendo in tale stato di irresponsabilità, ha commesso un crimine punibile con la sola pena detentiva.
Decisioni giudiziarie che applicano questa disposizione (29)
BK 2015 189 · be (Art. 263 Abs. 1 lit. d i.V.m. Art. 69 StGB)
Vehicle Seizure Upheld Despite Stricter Forfeiture Law Application
The Federal Tribunal explicitly confirmed in its reasoning that the seizure was explicitly based on this provision, which it held remains applicable subsidiarily.
BGE 104 IV 249 (Art. 263 CP)
Criminal liability for acts committed in self-induced incapacity requires a complaint when the underlying act is a complaint-only offense, notwithstanding Article 263 of the Criminal Code.
Main ground for the appeal's success: the conviction under this provision was annulled because the underlying acts were complaint-only offenses and no complaint was filed.
VB.2004.00089 · zh (Art. 263 StGB)
Driver's License Suspension Reduced Due to Impaired Mental Capacity and Passage of Time
Cited regarding the assessment of responsibility in criminal proceedings.
P/7563/2020 · ge (art. 263 CP)
Appellant v. State on Forgery and Illegal Residence
Cited in the dispositive of the confirmed judgment regarding the sequestration and allocation of seized assets to cover procedural costs.
SB230295 · zh (Art. 263 StGB)
Appellant v. State: Compulsory Psychiatric Treatment for Schizophrenic Offender
Cited in the reasoning regarding the differentiation from self-induced incapacity.
P/7563/2020 · ge (art. 263 CP)
Forgery and Attempted Fraudulent Residence Permit Application
This article was cited in the order concerning the seizure and allocation of seized assets to cover procedural costs.
501 2022 144 · fr (art. 263 al. 1 en lien avec les art. 144 al. 1 et 186 CP, 91a al. 1 et 95 al. 1 let. b LCR; 144 al. 1 CP, 19a ch. 1 LStup; 34, 42, 44, 47, 49, 51 et 106 CP)
Appellant v. State: Culpable Irresponsibility and Criminal Convictions
Provision used to determine the sentence (pecuniary penalty and fine) for the acts committed in a state of culpable irresponsibility.
ARMP.2022.138 · ne (Art. 263 al. 1 let. b CP)
Property Seizure Proportionality in Criminal Investigation
Cited as a potential basis for seizure to guarantee procedural costs, fines, and indemnities.
SB190342 · zh (Art. 263 Abs. 1 StGB i.V.m Art. 285 Ziff. 1 Abs. 1 StGB)
Theft and Narcotics Conviction Upheld, Robbery/Violence Acquittal Affirmed Due to Insufficient Proof of Negligent Self-Induced Incapacity
The defendant was acquitted of the charges related to committing an act in self-induced incapacity under these provisions.
SB190342 · zh (Art. 263 Abs. 1 und 2 StGB i.V.m. Art. 140 Ziff. 1 StGB)
Theft and Narcotics Conviction Upheld, Robbery/Violence Acquittal Affirmed Due to Insufficient Proof of Negligent Self-Induced Incapacity
The defendant was acquitted of the charges related to committing an act in self-induced incapacity under these provisions.
SB170499 · zh (Art. 263 Abs. 1 und 2 StGB)
Homicide conviction upheld under Actio Libera in Causa due to self-induced drug psychosis.
The court found the appellant guilty of committing an act in a state of self-induced incapacity to form intent based on this provision.
BES.2014.93 · bs (Art. 263 Abs. 2 StGB)
Prosecutor's Seizure of Allegedly Counterfeit Cookware Upheld
Cited regarding the requirement for a brief justification of the seizure order, which the court found satisfied.
D.cision.2013.536 · vd (Art. 263 CP)
Prosecutor's Bank Account Freeze Annulled for Lack of Motivation
Although cited in the preamble, the substance of the decision concerns the annulment of a seizure (séquestre) based on procedural grounds, which is an act governed by Art. 263 CP.
17.2011.4 · ti (art. 263 CP)
Prosecutor v. Defendant: Arson Acquittal Upheld on Grounds of Diminished Capacity Due to Intoxication and Personality Disorder
This provision on punishment for crimes committed in culpable intoxication/irresponsibility was discussed as an alternative if Actio Libera in Causa was not met, but the court ultimately relied on Art. 19 CP, implicitly excluding Art. 263 CP for the main acts.
S2 10 37 · vs (Art. 263 StGB)
Insurance Benefit Reduction for Self-Inflicted Injury During Drunk Driving
The court referenced this article regarding criminally liable acts committed while in a state of incapacity due to self-induced intoxication, which leads to the application of Art. 37 Abs. 3 UVG.