Hate crime legislation in Switzerland

Criminal Code of Swiss Confederation (1937, Status as of 1 January 2024)

Excerpts related to hate crime

Art. 261 – Attack on the freedom of faith and the freedom to worship 

Any person who publicly and maliciously insults or mocks the religious convictions of others, and in particularly their belief in God, or maliciously desecrates objects of religious veneration, 

any person who maliciously prevents, disrupts or publicly mocks an act of worship, the conduct of which is guaranteed by the Constitution, or 

any person who maliciously desecrates a place or object that is intended for a religious ceremony or an act of worship the conduct of which is guaranteed by the Constitution, 

shall be liable to a monetary penalty.

Excerpts related to hate speech offence  

Art. 261bis – Discrimination and incitement to hatred

Any person who publicly incites hatred or discrimination against a person or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation, 

any person who publicly disseminates ideologies that have as their object the systematic denigration or defamation of that person or group of persons, 

any person who with the same objective organises, encourages or participates in propaganda campaigns, 

any person who publicly denigrates or discriminates against another or a group of persons on the grounds of their race, ethnic origin, religion or sexual orientation in a manner that violates human dignity, whether verbally, in writing or pictorially, by using gestures, through acts of aggression or by other means, or any person who on any of these grounds denies, trivialises or seeks justification for genocide or other crimes against humanity, 

any person who refuses to provide a service to another on the grounds of that person’s race, ethnic origin, religion or sexual orientation when that service is intended to be provided to the general public, 

shall be liable to a custodial sentence not exceeding three years or to a monetary penalty.