Commentaries: Art. 317bis

Any person who, as part of a covert investigation, produces, amends or uses documents with the approval of a court in order to construct or maintain their cover story or produces, amends or uses documents with the authorisation of the Federal Intelligence Service (FIS) under Article 17 IntelSA¹or the authorisation of the Head of the Federal Department of Defence, Civil Protection and Sport (DDPS) in accordance with Article 18 IntelSA in order to create or maintain their cover story or assumed identity does not commit an offence under Articles 251, 252, 255 and 317.²
Any person who, with authorisation for a covert investigation or as instructed by the competent authority under Article 17 or 18 IntelSA, produces or amends official documents for the purposes of cover stories or assumed identities does not commit an offence under Articles 251, 252, 255 and 317.³
Any person who produces, amends or uses official documents under the Federal Act of 23 December 2011⁴on Extra-Procedural Witness Protection does not commit an offence under Articles 251, 252, 255 and 317.⁵

SR 121 ↩
Amended by Annex No II 2 of the FedD of 25 Sept. 2020 on the Approval and Implementation of the Council of Europe Convention on the Prevention of Terrorism and its Additional Protocol and the Strengthening of Criminal Justice Instruments for combating Terrorism and Organised Crime, in force since 1 July 2021 (AS 2021 360;BBl 2018 6427). ↩
Amended by Annex No II 5 of the Intelligence Service Act of 25 Sept. 2015, in force since 1 Sept. 2017 (AS 2017 4095;BBl 2014 2105). ↩
SR 312.2 ↩
Inserted by Annex No 3 of the FA of 23 Dec. 2011 on Extra-Procedural Witness Protection, in force since 1 Jan. 2013 (AS 2012 6715;BBl 2011 1). ↩

Art. 317bis