Art. 19a – Offences

Art. 19a⁹⁵

Any person who wilfully consumes without authorisation narcotics or any person who commits an offence in terms of Article 19 for his or her own consumption shall be liable to a fine⁹⁶.

In minor cases, no proceedings may be taken or the penalty may be waived. An official caution may be issued.

If the offender is or makes himself or herself subject to medically supervised care due to consumption of narcotics, prosecution may be waived. Criminal proceedings shall be conducted if the offender withdraws from care or treatment.

If the offender is dependent on narcotics, the court may order him or her to be admitted to a specialised facility. Articles 60 and 63 of the Criminal Code⁹⁷ apply mutatis mutandis.⁹⁸

95 Inserted by No I of the FA of 20 March 1975, in force since 1 Aug. 1975 (AS 1975 1220; BBl 1973 I 1348).
96 Term in accordance with Annex No 3 of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 19991979). This amendment has been made throughout the text.
97 SR 311.0.
98 Amended by No I 29 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827).

Legal act context: SR 812.121 · NarcA · Federal act · Federal Act of 3 October 1951 on Narcotics and Psychotropic Substances (Narcotics Act, NarcA)

Structure path: Chapter 4 Criminal Provisions Section 1 Offences

Language: English (en)
Data status: 2023-09-01

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Art. 19a95

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Art. 19a⁹⁵