Swiss Criminal Code

¹If a per­son re­leased on pa­role com­mits an of­fence dur­ing the pro­ba­tion­ary peri­od and thus demon­strates that the risk that the meas­ure was in­ten­ded to re­duce is still present, the court as­sess­ing the new of­fence may, after con­sult­ing the ex­ec­ut­ive au­thor­ity:

a.

or­der his re­call to cus­tody;

b.

re­voke the meas­ure and, provided the rel­ev­ant re­quire­ments are ful­filled, or­der a new meas­ure; or

c.

re­voke the meas­ure and, provided the rel­ev­ant re­quire­ments are ful­filled, or­der the ex­e­cu­tion of a cus­todi­al sen­tence.

²If as a res­ult of the new of­fence the re­quire­ments for an un­sus­pen­ded cus­todi­al sen­tence are ful­filled and if this sen­tence runs con­cur­rently with a cus­todi­al sen­tence that has been sus­pen­ded to give pre­ced­ence to the meas­ure, the court shall im­pose a cu­mu­lat­ive sen­tence in ap­plic­a­tion of Art­icle 49.

³If as a res­ult of the con­duct of the per­son re­leased on pa­role dur­ing the pro­ba­tion­ary peri­od there is a ser­i­ous ex­pect­a­tion that he could com­mit an of­fence in terms of Art­icle 64 para­graph 1, the court that ordered the meas­ure may, at the re­quest of the ex­ec­ut­ive au­thor­ity, or­der a re­call to cus­tody.

⁴For a meas­ure un­der Art­icle 59, the re­call to cus­tody is for a max­im­um peri­od of five years, and for meas­ures un­der Art­icles 60 and 61 for a max­im­um peri­od of two years.

⁵If the court de­cides against a re­call to cus­tody or a new meas­ure, it may:

a.

ad­mon­ish the per­son re­leased on pa­role;

b.

or­der out-pa­tient treat­ment or pro­ba­tion as­sist­ance;

c.

im­pose con­duct or­ders on the per­son re­leased on pa­role; and

d.

ex­tend the pro­ba­tion­ary peri­od by from one to five years in the case of a meas­ure un­der Art­icle 59, and by from one to three years in the case of a meas­ure un­der Art­icles 60 and 61.

⁶If the per­son re­leased on pa­role fails to com­ply with the terms of pro­ba­tion as­sist­ance or dis­reg­ards the con­duct or­ders, Art­icle 95 para­graphs 3–5 ap­plies.