Federal Act
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Art. 76 Detention pending deportation
1 If the court of first instance has issued an expulsion or removal order or an order for expulsion from Switzerland under Article 66a or 66abis SCC197 or Article 49aor 49abis MCC198, the competent authority may ensure the enforcement of the decision by:199
1bis The detention order in Dublin cases is governed by Article 76a.206 2 Detention in terms of paragraph 1 letter b number 5 may last a maximum of 30 days.207 3 The days in detention count towards the maximum duration in terms of Article 79.208 4 The required arrangements for the enforcement of the removal, expulsion or the order for expulsion from Switzerland under Article 66a or 66abis SCC or Article 49a or 49abis MCC must be taken without delay.209 199 Amended by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751). 200 Amended by No I 2 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751). 201 Repealed by Annex No 1 of the FA of 14 Dec. 2012, with effect from 1 Feb. 2014 (AS 2013 43755357; BBl 2010 4455, 2011 7325). 202 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). 204 Amended by Annex No 1 of the FA of 25 Sept. 2015, in force since 1 March 2019 (AS 2016 3101, 2018 2855; BBl 2014 7991). 205 Inserted by Art. 2 No 1 of the FD of 18 June 2010 on the Adoption of the EC Directive on the Return of Illegal Immigrants (Directive 2008/115/EC) (AS 20105925; BBl 20098881). Repealed by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), with effect from 1 July 2015 (AS 2015 1841; BBl 2014 2675). 206 Inserted by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675). 207 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675). 208 Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841; BBl 2014 2675). 209 Amended by Annex No I of the FA of 20 March 2015 (Implementation of Art. 121 para. 3–6 Federal Constitution on the expulsion of foreign nationals convicted of certain offences), in force since 1 Oct. 2016 (AS 2016 2329; BBl 2013 5975). |