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Swiss Criminal Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 21 December 1937 (Status as of 1 January 2022)

Art. 75

2. Ex­e­cu­tion of cus­todi­al sen­tences

Prin­ciples

 

1 The ex­e­cu­tion of sen­tences must en­cour­age an im­prove­ment in the so­cial be­ha­viour of the pris­on in­mates, and in par­tic­u­lar their abil­ity to live their lives without of­fend­ing again. The con­di­tions un­der which sen­tences are ex­ecuted must cor­res­pond as far as pos­sible with those of nor­mal life, guar­an­tee the su­per­vi­sion of the pris­on in­mates, coun­ter­act the harm­ful con­sequences of the depriva­tion of liberty and take ap­pro­pri­ate ac­count of the need to pro­tect the gen­er­al pub­lic, the in­sti­tu­tion staff and oth­er in­mates.

2 ...103

3 The in­sti­tu­tion rules shall provide that a sen­tence man­age­ment plan be drawn up in con­sulta­tion with the pris­on in­mate. This plan in par­tic­u­lar con­tains de­tails of the su­per­vi­sion offered, the op­por­tun­it­ies to work and re­ceive ba­sic or ad­vanced train­ing, mak­ing re­par­a­tion, re­la­tions with the out­side world and pre­par­a­tions for re­lease.

4 The pris­on in­mate must act­ively co­oper­ate in reso­cial­isa­tion ef­forts and the pre­par­a­tions for re­lease.

5 Ac­count is taken of the gender-spe­cif­ic con­cerns and needs of the pris­on in­mates.

6 If the pris­on in­mate is re­leased on pa­role or gran­ted fi­nal re­lease and it sub­sequently comes to light that on his re­lease he was sub­ject to an­oth­er ex­ecut­able judg­ment im­pos­ing a cus­todi­al sen­tence, ex­e­cu­tion of that cus­todi­al sen­tence is waived if:

a.
it was not ex­ecuted con­cur­rently with the oth­er cus­todi­al sen­tence for a reas­on with­in the con­trol of the ex­ec­ut­ive au­thor­it­ies;
b.
the pris­on in­mate was able to as­sume in good faith that on his re­lease he was not sub­ject to an­oth­er ex­ecut­able judg­ment im­pos­ing a cus­todi­al sen­tence; and
c.
the re­in­teg­ra­tion of the pris­on in­mates would be pre­ju­diced.

103 Re­pealed by An­nex 1 No II 8 of the Crim­in­al Pro­ced­ure Code of 5 Oct. 2007, with ef­fect from 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).