¹ The can­tons shall ex­ecute the judg­ments is­sued by their crim­in­al courts on the basis of this Code. They are ob­liged to ex­ecute the judg­ments of the fed­er­al crim­in­al justice au­thor­it­ies in re­turn for the re­im­burse­ment of their costs.

² De­cisions in crim­in­al cases made by po­lice au­thor­it­ies and oth­er com­pet­ent au­thor­it­ies and the de­cisions of pro­sec­u­tion ser­vices are deemed equi­val­ent to court judg­ments.

³ The can­tons shall guar­an­tee the uni­form ex­e­cu­tion of crim­in­al sanc­tions.⁵⁷⁸

Leg­ally bind­ing de­cisions is­sued on the basis of fed­er­al or can­ton­al crim­in­al law re­lat­ing to mon­et­ary pen­al­ties, fines, costs and the for­feit­ure of prop­erty or as­sets may be ex­ecuted any­where in Switzer­land.

¹ The can­tons are en­titled to the mon­et­ary pen­al­ties and fines im­posed and the prop­erty and as­sets for­feited in ac­cord­ance with this Code.

² The Con­fed­er­a­tion is en­titled to the pro­ceeds of the cases judged by the Crim­in­al or Ap­peals Cham­ber of the Fed­er­al Crim­in­al Court.⁵⁷⁹

³ The use of pro­ceeds for the be­ne­fit of per­sons harmed in ac­cord­ance with Art­icle 73 is re­served.

⁴ The pro­vi­sions of the Fed­er­al Act of 19 March 2004⁵⁸⁰ on the Di­vi­sion of For­feited As­sets are re­served.⁵⁸¹

¹ The can­tons are re­spons­ible for the ex­e­cu­tion of com­munity ser­vice or­ders.

² The com­pet­ent au­thor­ity de­cides on the nature and form of com­munity ser­vice to be per­formed.

³ The stat­utory max­im­um num­ber of work­ing hours may be ex­ceeded in the per­form­ance of com­munity ser­vice. The reg­u­la­tions on health and safety in the work­place re­main ap­plic­able.

¹ The can­tons or­gan­ise the sys­tem of pro­ba­tion as­sist­ance. They may del­eg­ate this duty to private or­gan­isa­tions.

² Pro­ba­tion as­sist­ance is nor­mally the re­spons­ib­il­ity of the can­ton in which the pro­ba­tion­er is res­id­ent.

¹ The can­tons shall es­tab­lish and op­er­ate in­sti­tu­tions and in­sti­tu­tion units for pris­on in­mates in open and se­cure cus­tody as well as for pris­on in­mates in semi-de­ten­tion and in the day re­lease em­ploy­ment.

² They may also provide units for spe­cial in­mate groups, and in par­tic­u­lar for:

a.

wo­men;

b.

pris­on in­mates of spe­cif­ic age groups;

c.

pris­on in­mates serving very long or very short sen­tences;

d.

pris­on in­mates that re­quire con­stant care or treat­ment or are re­ceiv­ing ba­sic or ad­vanced train­ing.

³ They shall es­tab­lish and op­er­ate the in­sti­tu­tions provided for in this Code for the ex­e­cu­tion of meas­ures.

⁴ They shall en­sure that the reg­u­la­tions and the op­er­a­tion of the in­sti­tu­tions and fa­cil­it­ies com­ply with this Code.

⁵ They shall fa­cil­it­ate the ba­sic and ad­vanced train­ing of the staff.

¹ The can­tons may enter in­to agree­ments on the joint es­tab­lish­ment and op­er­a­tion of in­sti­tu­tions and fa­cil­it­ies or se­cure them­selves a right of joint use of the in­sti­tu­tions and fa­cil­it­ies be­long­ing to oth­er can­tons.

² The can­tons shall in­form each oth­er of the spe­cial fea­tures of their in­sti­tu­tions and fa­cil­it­ies, and in par­tic­u­lar of the range of care, treat­ment and em­ploy­ment ser­vices; they shall co­oper­ate in the al­loc­a­tion of pris­on in­mates to in­sti­tu­tions and fa­cil­it­ies.

¹ The can­tons may grant li­cences to privately run in­sti­tu­tions and fa­cil­it­ies au­thor­ising them to ex­ecute sen­tences in the form of semi-de­ten­tion and of day re­lease em­ploy­ment to­geth­er with meas­ures un­der Art­icles 59–61 and 63.

² Privately run in­sti­tu­tions and fa­cil­it­ies are sub­ject to the su­per­vi­sion of the can­tons.

¹ The costs of the ex­e­cu­tion of sen­tences and meas­ures are borne by the can­tons.

² The of­fend­er shall con­trib­ute in an ap­pro­pri­ate man­ner to the costs:

a.

by per­form­ing work while serving a sen­tence or un­der­go­ing a meas­ure;

b.

in ac­cord­ance with his in­come or as­sets if he re­fuses to per­form work as­signed to him even though the work sat­is­fies the re­quire­ments of Art­icles 81 or 90 para­graph 3; or

c.⁵⁸²

by de­duc­tion of part of the in­come due to him as pay­ment for an activ­ity while in semi-de­ten­tion, while sub­ject to elec­tron­ic mon­it­or­ing, while on day re­lease em­ploy­ment or while in ex­tern­al ac­com­mod­a­tion com­bined with day re­lease em­ploy­ment.

³ The can­tons shall is­sue de­tailed reg­u­la­tions on of­fend­ers' con­tri­bu­tions to costs.

¹ If a per­son sub­ject to lifelong in­car­cer­a­tion is re­leased on pa­role or dis­charged from in­car­cer­a­tion and com­mits a felony men­tioned in Art­icle 64 para­graph 1^bis, the re­spons­ible body polit­ic shall be li­able for the res­ult­ant in­jury and loss.

² In re­la­tion to rights of re­course against the of­fend­er and the time lim­its for fil­ing claims for dam­ages or sat­is­fac­tion, the pro­vi­sions of the CO⁵⁸⁴ on un­law­ful acts ap­ply.

³ In re­la­tion to rights of re­course against the mem­bers of the au­thor­ity is­su­ing the or­der, can­ton­al law or the Gov­ern­ment Li­ab­il­ity Act of 14 March 1958⁵⁸⁵ ap­plies.

The right to grant a par­don in re­la­tion to con­vic­tions based on this Code or any oth­er fed­er­al act is ex­er­cised:

a.⁵⁸⁶

by the Fed­er­al As­sembly in cases in which the Crim­in­al or Ap­peals Cham­ber of the Fed­er­al Crim­in­al Court or an ad­min­is­trat­ive au­thor­ity of the Con­fed­er­a­tion has passed judg­ment;

b.

by the par­dons au­thor­ity of the Can­ton in cases in which a can­ton­al au­thor­ity has passed judg­ment.

¹ The pe­ti­tion for a par­don may be filed by the of­fend­er, his leg­al rep­res­ent­at­ive or, with con­sent of the of­fend­er, by his de­fence agent, spouse or re­gistered part­ner.⁵⁸⁷

² In the case of polit­ic­al felon­ies and mis­de­mean­ours and in the case of­fences con­nec­ted with polit­ic­al felon­ies or mis­de­mean­ours, the Fed­er­al Coun­cil or the can­ton­al gov­ern­ment is also en­titled to ini­ti­ate the par­don pro­ced­ure.

³ The par­dons au­thor­ity may stip­u­late that the pe­ti­tion for a par­don that has been re­fused may not be filed again be­fore the ex­piry of a cer­tain peri­od.

¹ A par­don may wholly or partly re­mit all sen­tences im­posed by leg­ally bind­ing judg­ment or com­mute the sen­tences to less severe forms of sen­tence.

² The par­don de­cree spe­cifies the ex­tent of the par­don.

¹ The Fed­er­al As­sembly may grant an am­nesty in crim­in­al mat­ters gov­erned by this Code or any oth­er fed­er­al act.

² An am­nesty ex­cludes the pro­sec­u­tion of spe­cif­ic of­fences or cat­egor­ies of­fend­er and grants the re­mis­sion of re­lated sen­tences.

In the case of con­vic­tions based on this Code or any oth­er fed­er­al act, where im­port­ant in­form­a­tion or evid­ence comes to light that was not avail­able to the court at the time of the earli­er pro­ceed­ings, the can­tons must al­low the re-open­ing of the case for the be­ne­fit of the of­fend­er.

¹ The Con­fed­er­a­tion may em­ploy in­vest­ig­at­ive, edu­ca­tion­al and fur­ther meas­ures aimed at pre­vent­ing spe­cif­ic of­fences and crime in gen­er­al.

² It may sup­port pro­jects that have the aim men­tioned in para­graph 1.

³ It may par­ti­cip­ate in or­gan­isa­tions that carry out meas­ures men­tioned in para­graph 1 or es­tab­lish and sup­port such or­gan­isa­tions.

⁴ The Fed­er­al Coun­cil reg­u­lates the nature, aims and form of the pre­vent­ive meas­ures.

¹ The Fed­er­al Coun­cil has the power per­son, after con­sult­ing the can­tons, to en­act pro­vi­sions on:

a.

the ex­e­cu­tion of cu­mu­lat­ive sen­tences, sup­ple­ment­ary sen­tences and cases where two or more in­di­vidu­al sen­tences are ex­ecuted sim­ul­tan­eously;

b.

the as­sign­ment of the re­spons­ib­il­ity for ex­ecut­ing sen­tences and meas­ures to an­oth­er can­ton;

c.

the ex­e­cu­tion of sen­tences and meas­ures im­posed on per­sons suf­fer­ing from ill­ness or in­valid­ity, or eld­erly per­sons;

d.

the ex­e­cu­tion of sen­tences and meas­ures in cases un­der Art­icle 80 in­volving wo­men;

e.

the wages paid to pris­on in­mates in ac­cord­ance with Art­icle 83.

^1bis The Fed­er­al Coun­cil en­acts the re­quired pro­vi­sions on the es­tab­lish­ment of the Fed­er­al Com­mis­sion for the As­sess­ment of the Treat­ab­il­ity of Of­fend­ers sub­ject to Lifelong In­car­cer­a­tion (Art. 64c para. 1) re­lat­ing to the ap­point­ment of mem­bers of the Com­mis­sion and their re­mu­ner­a­tion, pro­ced­ures and the or­gan­isa­tion of the Com­mis­sion.⁵⁸⁹

² The Fed­er­al Coun­cil may at the re­quest of the re­spons­ible can­ton­al au­thor­ity is­sue spe­cial pro­vi­sions on the sep­ar­a­tion of the in­sti­tu­tions of the Can­ton of the Ti­cino.

³ …⁵⁹⁰

⁴ The Fed­er­al Coun­cil may by way of a tri­al and for lim­ited time:

a.

in­tro­duce or per­mit new pen­al­ties and meas­ures as well as new forms of ex­e­cu­tion and modi­fy the scope of ap­plic­a­tion of ex­ist­ing sanc­tions and forms of ex­e­cu­tion;

b.

in­tro­duce or per­mit the del­eg­a­tion of the ex­e­cu­tion of cus­todi­al sen­tences to privately run in­sti­tu­tions that sat­is­fy the re­quire­ments of this Code re­lat­ing to the im­ple­ment­a­tion of sen­tences (Art. 74–85, 91 and 92). These in­sti­tu­tions are sub­ject to the su­per­vi­sion of the can­tons.

⁵ The can­ton­al im­ple­ment­ing pro­vi­sions for the tri­al of new sanc­tions and forms of ex­e­cu­tion and the ex­e­cu­tion of sen­tences by privately run in­sti­tu­tions (para. 4) re­quire the ap­prov­al of the Con­fed­er­a­tion in or­der to be val­id.

¹ Judg­ments is­sued in ap­plic­a­tion of the pre­vi­ous law are ex­ecuted in ac­cord­ance with the pre­vi­ous law. The ex­cep­tions in para­graphs 2 and 3 are re­served.

² Where an act that does not carry a pen­alty un­der the new law has led to con­vic­tion un­der the pre­vi­ous law, the sen­tence or meas­ure im­posed is no longer ex­ecuted.

³ The pro­vi­sions of the new law on the re­gime for the ex­e­cu­tion of sen­tences and meas­ures and on the rights and ob­lig­a­tions of pris­on in­mates also ap­ply to of­fend­ers who have been con­victed in ac­cord­ance with the pre­vi­ous law.

¹ Un­less the law provides oth­er­wise, the pro­vi­sions of the new stat­ute of lim­it­a­tions for pro­sec­u­tion and the ex­e­cu­tion of sen­tences and meas­ures, if they are less strict, also ap­ply to of­fend­ers who have com­mit­ted of­fences or been con­victed be­fore this Code comes in­to force.

² The peri­ods of time that have elapsed be­fore the new law comes in­to force are taken in­to ac­count.

¹ In the case of­fences that are only pro­sec­uted on com­plaint, the peri­od for fil­ing a com­plaint is cal­cu­lated in ac­cord­ance with the law that ap­plied at the time of the of­fence.

² If the new law re­quires a com­plaint to be filed in re­spect of an of­fence that was pro­sec­uted ex of­fi­cio un­der the pre­vi­ous law, the peri­od for fil­ing the com­plaint be­gins when the new law comes in­to force. If the pro­sec­u­tion has already been ini­ti­ated, it may only be con­tin­ued if a com­plaint is filed.

³ If the new law stip­u­lates the ex of­fi­cio pro­sec­u­tion of an of­fence that was only pro­sec­uted on com­plaint un­der the pre­vi­ous law, an of­fence com­mit­ted be­fore the new law comes in­to force is only pro­sec­uted if a com­plaint is filed.

The can­tons shall no­ti­fy the Con­fed­er­a­tion of the re­quired trans­ition­al pro­vi­sions to the Swiss Crim­in­al Code.

This Code comes in­to force on 1 Janu­ary 1942.