Is identity theft a criminal offense in Switzerland?
Yes, as of September 1, 2023
Since September 1, 2023, identity theft has been a standalone criminal offense under Swiss
e law, introduced as part of the comprehensive revision of the Data Protection Act (DPA). It is
ly punishable underArt. 179decies of the Swiss Criminal Code (CP), titled “Identity Theft.”
What does the law say?
Article 179decies of the Swiss Criminal Code provides that “ any person who uses another person’s identity without that person’s
consent with the intent to harm that person or to obtain, for themselves or a third party, an unlawful
benefit shall, upon complaint, be punished by imprisonment for a term not exceeding one year or a fine.”
What are the elements of the offense?
Use of another person’s identity—including name, photo, personal data, email address or IP
, account number, etc.—without the consent of the person concerned, who must be
identifiable. The person does not need to be aware of the identity theft for
the offense to have been committed.
No required result: This is a formal offense, committed solely by the
e behavior of the perpetrator.
Special intent: The perpetrator must act with the intent to harm the victim, or to obtain—
r to procure for a third party—an unlawful benefit, most often of a financial nature. A simple “
” or joke, without specific intent, is generally not sufficient.
Prosecution based solely on the victim’s complaint.
What types of behavior are typically targeted?
The provision covers, in particular:
- the “president” or “grandson/granddaughter” scam;
- romance scams;
- the creation of fake profiles on social media;
- identity theft via deepfakes;
- impersonating a third party when dealing with a government agency, a business, or a
bank.
To date, case law has not yet ruled on the interpretation of several of these
concepts (the exact scope of the concept of “identity,” protection of legal entities, etc.), so
some uncertainty remains regarding certain aspects of the law.
Can identity theft be combined with other offenses?
Yes. Depending on the circumstances, it may be committed in conjunction with fraud (Art. 146 of the Swiss Penal Code), defamation
, or slander (Art. 173 et seq. of the Swiss Penal Code), the theft of personal data (Art. 179novies of the Swiss Criminal Code) or
stalking (Art. 181b of the Swiss Criminal Code)—particularly when the identity theft is used to commit another
offense, such as in “president” or “nephew” scams.
Need some guidance?
Whether you are a victim of identity theft or are being accused of such a crime, our law firm
will assist you in filing a complaint or in your defense.
Find more information on this topic on our cybercrime page or contact one of our lawyers.
We are at your disposal
If you do not find the answer to your question, do not hesitate to ask us directly or to make an appointment
