¹ A fine not exceeding CHF 50,000 shall be imposed on any person who, without having committed a misdemeanour under Article 69, wilfully:⁴⁸

a.

infringes the regulations governing the removal of organs, tissues or cells for purposes other than transplantation (Art. 5);

b.

infringes the regulations concerning the independence of the persons concerned (Art. 11 and 41);

c.

removes organs, tissues or cells from a living person even though the recipient could have been treated with a different therapeutic method with comparable benefit (Art. 12 let. d);

d.

infringes a duty of notification (Art. 20, 21 para. 3, 22, 24, 29, 36 and 62 para. 4);

e.

accepts without authorisation organs offered from another country (Art. 23 para. 2);

f.

performs without authorisation acts which require authorisation or fails to fulfil conditions attached to such authorisation (Art. 25, 27, 38 and 43);

g.

breaches the duty of confidentiality, provided that neither Article 320 nor Article 321 of the Criminal Code⁴⁹ has been infringed (Art. 57);

h.

breaches the duty of cooperation (Art. 64);

i.

commits an offence according to Article 69 paragraph 1 letter h or i without endangering the health of any people;

j.

contravenes an implementing regulation where such a contravention has been declared by the Federal Council to be an offence, or contravenes a ruling to which they are subject that makes specific reference to the penalties under this article.

^1bis If the offence is committed through negligence, the penalty is a fine not exceeding CHF 20,000.⁵⁰

² Attempts and aiding and abetting are also offences.

³ The right to prosecute the foregoing contraventions and execute the penalties therefor is subject to a seven-year prescriptive period.⁵¹

⁴ …⁵²