World Library  
Flag as Inappropriate
Email this Article

Law of Switzerland

Article Id: WHEBN0026220557
Reproduction Date:

Title: Law of Switzerland  
Author: World Heritage Encyclopedia
Language: English
Subject: Law in Europe, Switzerland, Federal budget of Switzerland, Coat of arms of Switzerland, Poverty in Switzerland
Collection: Swiss Law
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Law of Switzerland

Swiss law is a set of rules which constitutes the law in Switzerland.

Contents

  • Sources 1
    • Publications 1.1
  • Private law 2
    • Civil code 2.1
  • Public law 3
    • Criminal law 3.1
    • Other 3.2
  • See also 4
  • References 5
  • External links 6

Sources

There is a hierarchy of political levels which reflects the constitutional character of Switzerland:

As with most civil law countries, each political level of the legal system has a hierarchy of legal instruments or norms:

  • the constitution,
  • acts of parliament ("laws") or by-laws,
  • delegated legislation, regulations, or ordinances, and
  • adjudication (binding decisions) by competent tribunals.

Publications

The federal government publishes legal instruments in three principal official publications:

  • the Systematic Compilation of Federal Legislation (German: Systematische Sammlung des Bundesrechts, SR; French: Recueil systématique du droit fédéral, RS; Italian: Raccolta sistematica, RS) is the official compilation of all federal laws, ordinances, international and intercantonal treaties that are in force,
  • the Official Compilation of Federal Legislation (German: Amtliche Sammlung des Bundesrechts, AS; French: Recueil officiel du droit fédéral, RO; Italian: Raccolta ufficiale delle leggi federali, RU) is the federal gazette, and
  • the Federal Gazette (German: Bundesblatt, BBl; French: Feuille fédérale, FF; Italian: Foglio federale, FF) publishes various official texts of the federal government.

All three publications are issued in the three official languages of Switzerland: German, French and Italian. All three language editions are equally valid. They are published by the Federal Chancellery of Switzerland in the form of weekly supplements to loose leaf binders. Since 1999, they are also made available on the Internet in PDF format (as well as HTML in the case of the SR/RS).

Private law

Civil code

The Swiss Civil Code (SR 210) was adopted on 10 December 1907 and has been in force since 1912. It was largely influenced by the German civil code, and partly influenced by the French civil code, but the majority of comparative law scholars (such as K. Zweigert and Rodolfo Sacco) argue that the Swiss code derives from a distinct paradigm of civil law.

Public law

Criminal law

The Swiss Criminal Code (Strafgesetzbuch, SR 311) of 21 December 1937 goes back to an 1893 draft by Carl Stooss. It has been in effect since 1942. Among the notable changes to earlier Swiss criminal law was the abolition of Capital punishment in Switzerland and the legalization of homosexual acts between adults (until 1990, the age of consent for homosexual acts remained set at 20 years, compared to 16 years for heterosexual acts).

The code has been revised numerous times since 1942. The most recent revision (as of 2010), in effect since 2007, introduced the possibility to convert short prison sentences (below one year) into fines, calculated based on a daily rate which has to be established based on the "personal and economic situation of the convict at the time of the verdict", with an upper limit set at CHF 3000 per day of the sentence. Practically all prison sentences shorter than one year have since been converted into fines, conditional sentences (parole) to conditional fines. This has caused controversy because the result is that lighter offences not punishable by imprisonment always result in unconditional fines, while more severe offences now often result in conditional fines that do not need to be paid at all.[2] The Federal Council in October 2010 announced its intention to revert to the earlier system, and all large parties expressed at least partial support.[3]

Other

See also

References

  1. ^ "Rapport entre le droit international et le droit interne" (in French). Retrieved 20 June 2014. 
  2. ^ «Eine zahnlose Strafe wird zur Regel» Tages-Anzeiger 28 December 2006
  3. ^ Bedingte Geldstrafe bald abgeschafft?
  • Walther, Fridolin M.R. (15 November 2001). "Introduction to the Swiss Legal System: A Guide for Foreign Researchers". Law Library Resource Xchange.  

External links

  • Classified Compilation of Federal Legislation
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.