shall be liable to a fine not exceeding 200,000 Swiss francs.1 2. If the offending party acts through negligence, the penalty shall be a fine not exceeding 100,000 Swiss francs. 3. The Department shall prosecute and adjudicate such offences in accordance with the provisions of the Federal Act of 22 March 19742on Administrative Criminal Law. 3bis. The ascertainment of the criminally liable persons may be dispensed with and instead the business operation may be ordered to pay the fine (Art. 7 of the Administrative Criminal Law Act of 22 March 1974) where: a. the ascertainment of the persons who are criminally liable under Article 6 of the Administrative Criminal Law Act of 22 March 1974 requires investigative measures that are disproportionate in comparison with the penalty incurred; and b. a fine of a maximum of CHF 50,000 is under consideration for the violations of the criminal provisions of this Act or the financial market acts in accordance with Article 1 of Financial Market Supervision Act of 22 June 20073.4 4. The right to prosecute offences is subject to a seven-year prescriptive period.5
Amended by Annex No 8 of the Financial Market Infrastructure Act of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5339;BBl 2014 7483). ↩
SR 313.0 ↩
SR 956.1 ↩
Inserted by Annex No 8 of the Financial Market Infrastructure Act of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5339;BBl 2014 7483). ↩
Amended by Annex No 8 of the Financial Market Infrastructure Act of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5339;BBl 2014 7483). ↩
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