Theft in Switzerland: What Penalties Apply?

Simple Theft (art. 139 ch. 1 CP)

Taking movable property belonging to another for appropriation. Up to five years or monetary penalty. Prosecuted ex officio. Elements: taking, movable property, belonging to another, intent to enrich.

Petty Theft (art. 172ter CP)

Property of minor value (threshold approximately CHF 300, ATF 142 IV 129): prosecuted upon complaint, fine only.

Aggravated Theft (art. 139 ch. 2-3 CP)

Professional Theft (art. 139 ch. 2 CP)

Making theft a main income source. Up to ten years or at least 90 daily penalty units. Requires planned series yielding significant income (ATF 129 IV 188).

Aggravated Theft (art. 139 ch. 3 CP)

Acting in an organised gang, carrying a firearm or dangerous weapon, or making a profession of theft. Up to ten years.

Robbery (art. 140 CP)

Distinguished from theft by use of violence, threats or rendering the victim unable to resist. Simple: up to ten years. Aggravated (with firearm): minimum two years.

Attempted Theft (art. 22 CP)

Attempt is punishable with possible penalty mitigation. Voluntary withdrawal may lead to exemption (art. 23 para. 1 CP).

Receiving Stolen Goods (art. 160 CP)

Acquiring, concealing or helping dispose of property known to be stolen. Up to five years or monetary penalty.

Restitution

The victim may request return of stolen property and assert civil claims through adhesion proceedings (art. 122 CrimPC).