Commentaries: Art. 185

Any person who deprives another of their liberty, or abducts or otherwise seizes another in order to coerce a third party to carry out an act, abstain from carrying out an act or tolerate an act,

any person who exploits a situation created in the foregoing manner by another in order so to coerce a third party,

shall be liable to a custodial sentence of not less than one year. 2. The penalty is a custodial sentence of not less than three years if the offender threatens to kill or seriously injure the victim or to treat the victim with cruelty. 3. In particularly serious cases, and in particular if the act involves several victims, the offender shall be liable to a custodial sentence of life. 4. If the offender abandons the coercion and releases the victim, a reduced penalty may be imposed (Art. 48a ).¹ 5. Any person who commits the offence while abroad is also liable to the foregoing penalties provided they are arrested in Switzerland and not extradited. Article 7 paragraphs 4 and 5 apply.²

Amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 34593535; BBl 1999 1979). ↩
Second sentence amended by No II 2 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 34593535; BBl 1999 1979). ↩

Art. 185

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