Swiss Criminal Code

¹ If a per­son re­leased on pa­role com­mits a felony or mis­de­mean­our dur­ing the pro­ba­tion­ary peri­od, the court judging the new of­fence shall or­der his re­call to cus­tody.

² If, des­pite the com­mis­sion of a felony or mis­de­mean­our dur­ing the pro­ba­tion­ary peri­od, it is not ex­pec­ted that the of­fend­er will com­mit fur­ther of­fences, the court shall dis­pense with a re­call to cus­tody. It may ad­mon­ish the of­fend­er and ex­tend the pro­ba­tion­ary peri­od by no more than half of the peri­od ori­gin­ally fixed by the com­pet­ent au­thor­ity. If the ex­ten­sion is ordered after the ex­piry of the ori­gin­al pro­ba­tion­ary peri­od, it be­gins on the day on which it is ordered. The pro­vi­sions on pro­ba­tion as­sist­ance and con­duct or­ders ap­ply (Art. 93–95).

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

⁴ A re­call to cus­tody may not be ordered if three years have elapsed since the ex­piry of the pro­ba­tion­ary peri­od.

⁵ Any peri­od of time spent on re­mand that the of­fend­er has served dur­ing the re­call to cus­tody pro­ceed­ings is taken in­to ac­count in the re­mainder of his sen­tence.

⁶ If the re­quire­ments for an un­sus­pen­ded cus­todi­al sen­tence are ful­filled due to the new of­fence and if this co­in­cides with the re­mainder of the sen­tence that must be ex­ecuted by the re­call to cus­tody, the court shall im­pose a cu­mu­lat­ive sen­tence in ap­plic­a­tion of Art­icle 49 a. The rules on pa­role again ap­ply to this sen­tence. If only the re­mainder of the sen­tence is ex­ecuted, Art­icle 86 para­graphs 1–4 ap­plies.

⁷ If the re­mainder of a sen­tence that must be ex­ecuted in ac­cord­ance with a de­cision on re­call to cus­tody co­in­cides with the ex­e­cu­tion of a meas­ure un­der Art­icles 59–61, Art­icle 57 para­graphs 2 and 3 ap­plies.