Swiss Criminal Code

¹ If there is the risk that a per­son will com­mit a felony or mis­de­mean­our that he has threatened to com­mit, or if a per­son con­victed of a felony or of a mis­de­mean­our in­dic­ates the clear in­ten­tion to re­peat the of­fence, the court may, at the re­quest of the per­son threatened, ob­tain a prom­ise from the of­fend­er that he will not com­mit the of­fence and re­quire him to de­pos­it ap­pro­pri­ate se­cur­ity there­for.

² If he re­fuses to make the prom­ise, or fails to de­pos­it the se­cur­ity with­in the spe­cified peri­od, the court may re­quire him to make the prom­ise or de­pos­it the se­cur­ity by im­pos­ing a peri­od of de­ten­tion for se­cur­ity reas­ons. The peri­od of de­ten­tion for se­cur­ity reas­ons may not be for more than two months. It is ex­ecuted in the same way as a short cus­todi­al sen­tence (Art. 79⁷¹).

³ If the of­fend­er com­mits the felony or the mis­de­mean­our with­in two years of de­pos­it­ing the se­cur­ity, the se­cur­ity is for­feited to the State. If no of­fence is com­mit­ted, the se­cur­ity is re­turned.