The principles most significant for Swiss democracy derive from Montesquieu: the concept of human freedom and the division of the state into three separate powers, i.e., the Legislative, the Executive, and the Judicial. Following the philosophy of Montesquieu, Carl Stoss emphasized the importance of knowing on what basis courts are to pass judgment, of preventive as well as punitive laws, of the conception of crime as an illness, of precise definitions of crime, of conservatism in imposing penalties, and of imposition of penalties in keeping with the nature of the crime and the situation of the offender. Today, Swiss criminal law restricts judgment of certain crimes to Federal courts and of others to regional courts. In the author's view, the Swiss system provides a useful model for trans-European law, exemplifying how to strike a balance between local and transnational interests. Notes are supplied.