In short.
- Note as soon as possible the place, the period and, if you have it, the frame or serial number.
- Theft (art. 139 SCC), including a bicycle or a scooter, is in principle prosecuted ex officio : the three-month limit in art. 31 SCC usually does not apply.
- An approved electric scooter is a light moped under the VTS. For theft, you still report a missing item, as for a cycle.
- Payment by household or casco insurance is not automatic : read the contract and notify the insurer.
The first hours
First check that the vehicle has not merely been moved (pound, courtyard, neighbour). If it is gone, write down what you still know : street, municipality, time window, make, colour, features, frame number. An old photo or an invoice helps later, even if you do not have them at once.
You do not need to have seen the offender. Most cycle thefts happen without a witness. A report “against persons unknown” remains useful.
The criminal framework
Theft is defined in art. 139 SCC. For a city bike, mountain bike, e-bike or scooter it is in principle an offence prosecuted ex officio. The three-month limit (art. 31 SCC) mainly concerns offences prosecuted only on complaint.
Two exceptions remain important, set out in How long to file a complaint in Switzerland : theft to the detriment of relatives (art. 139 no. 4 SCC) and an offence of minor importance (art. 172ter SCC, case law around 300 francs).
Electric scooter : same theft, different technical label
In traffic, many electric scooters without a seat are light mopeds (VTS art. 18 let. b : electric propulsion up to 20 km/h, maximum 0.5 kW). Traffic rules (OCR art. 42 para. 4) treat them in practice like cycles. That does not make them a “registered motor vehicle” in the sense of cantonal procedures for cars.
In the statement, describe the device as it is : electric or not, with or without a seat, battery serial number if known.
What to note, if you have it
- Make, model, colour, size.
- Frame number, serial number, battery number.
- Last parking place and last time.
- Type of lock, traces.
- Photo, invoice, insurance contract : useful, not indispensable to start.
The canton of Vaud reminds victims of any theft to provide a precise list of missing items.
Insurance
Compulsory motor third-party insurance does not cover a bicycle or scooter the way it covers a car. Household insurance or a specific casco may apply, depending on the contract. Art. 38 ICA requires you to notify the insurer as soon as you know of the loss and of your right.
Where to turn
Competence is in principle that of the place of the facts. A complaint is filed in writing or orally with the police, the public prosecutor or the authority for contraventions (art. 304 CrimPC). In Vaud, a written complaint to the public prosecutor must be dated and signed in original. In Geneva, an online pre-complaint exists for some thefts ; it does not cover registered vehicles.
ma-plainte.ch lets you prepare a cycle-theft statement, print it, sign it and send it by post to the authority indicated. It is not the police website. See Bicycle / scooter theft, Geneva and Vaud. Form : prepare a statement.
This text outlines the general framework at the date of publication. It is not legal advice and does not replace a lawyer or the instructions of the authority or the insurer.
Sources
- Swiss Criminal Code (SR 311.0), art. 30, 31, 139 and 172ter
- Criminal Procedure Code (SR 312.0), art. 304
- Insurance Contract Act (SR 221.229.1), art. 38
- VTS (SR 741.41), art. 18 let. b
- bfu, electric vehicles and traffic rules
- Canton of Vaud, “Comment déposer une plainte pénale”
- Republic and canton of Geneva, “Déposer plainte”