Commentaries: Art. 140

Any person who commits theft by using force on another, threatening another with imminent danger to life or limb, or making another incapable of resistance shall be liable to a custodial sentence of at least six months and no more than ten years.¹

Any person who, when caught in the act of committing theft, commits any of the coercive acts mentioned in the foregoing paragraph in order to retain the stolen property shall be liable the same penalties. 2. The offender shall be liable to a custodial sentence of not less than one year²if they carry with them a firearm or other dangerous weapon for the purpose of committing robbery. 3. The offender shall be liable to a custodial sentence of not less than two years,

if they commit robbery as a member of a group that has been formed for the purpose of carrying out repeated acts of robbery or theft,

or if they pose a particular danger in any other way due to the manner in which they commit robbery. 4. The penalty is a custodial sentence of not less than five years, if the offender endangers the life of the victim, commits a serious assault on the victim or otherwise treats the victim with cruelty.

Penalties revised by No II 1 of the FA of 19 June 2015 (Amendment to the Law on Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249;BBl 2012 4721). ↩
Term in accordance with No II 1 para. 12 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 34593535; BBl 1999 1979). ↩

Art. 140

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