Not as such. Swiss criminal law does not yet criminalize identity theft, but plans to do so in the context of the revision of the data protection law. However, as part of the revision of the Data Protection Act (DPA), a new offence of identity theft will be created in a new Article 179decies of the Criminal Code. It will be a misdemeanor. Currently, this type of behavior is only criminally reprehensible depending on the use or purpose pursued by the perpetrator through this identity theft. Thus, if the author uses the usurped identity to insult or defame you, he can be prosecuted for insult (177 CP) or defamation (173 CP). Similarly, if he uses it to impersonate you in order to commit fraud, he can be prosecuted for fraud (146 StGB) or cunningly damaging the pecuniary interests of others (151 StGB) and so on. As Swiss law currently stands, identity theft is therefore not treated as an offence in its own right, but at best as a constituent element of another offence. Please note, however, that the creation of a fake Facebook profile in your name constitutes an unlawful infringement of your personality in the sense of art. 28 and following of the Civil Code. As such, you can have it forbidden, stopped, established or request compensation for the resulting damage.

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