Harassment: Definition and Legal Remedies in Swiss Law

Legal Framework

Swiss law does not yet have a specific stalking offence, but a bill (art. 181d CP) is under discussion. Existing provisions cover harassment behaviour:

Threats (art. 180 CP): Alarming or frightening by threatening danger. Up to three years or monetary penalty. Upon complaint, unless targeting a spouse/partner (ex officio).

Coercion (art. 181 CP): Using violence or threats to compel an act. Up to three years or monetary penalty.

Trespass (art. 186 CP): Entering the victim's home without right. Up to three years or monetary penalty.

Misuse of telecommunications (art. 179septies CP): Repeated malicious calls or messages.

Civil Protection (art. 28b CC)

The victim may request: a restraining order (art. 28b para. 1 ch. 1 CC), prohibition on frequenting certain places (ch. 2), contact prohibition (ch. 3). If parties cohabit, the court may order eviction (art. 28b para. 2 CC). Since 2022, electronic monitoring via GPS bracelet is available (art. 28c CC).

Non-compliance is punishable under art. 292 CP.

Victim Procedure

File a criminal complaint within three months (art. 31 CP). Document all incidents meticulously. In urgent cases, apply for interim civil measures (art. 261 et seq. CPC). Victim assistance under the VACA provides free support in every canton.

Data Protection

Abusive use of the victim's personal data may violate the FADP, giving rise to additional civil and criminal actions.