Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Four: Execution of Custodial Sentences and Custodial Measures

Art. 75

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.

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.

Art. 75a

1 The Commission under Article 62d paragraph 2 shall with a view to a transfer to an open penal institution and the authorisation of a relaxation in the execution of the sentence assess the danger to the community of the offender if :

a. he has committed a felony in terms of Article 64 paragraph 1 ; and
b. the executive authority cannot satisfactorily answer the question of whether he is a danger to other prison inmates.

2 Relaxation of the execution of the sentence involves easing the regime for the deprivation of liberty, in particular by means of a transfer to an open institution, the granting of release on temporary licence, the authorisation of day release employment or of external accommodation and the granting of parole.

3 Danger to the community is assumed if there is a risk that the prison inmate will abscond and commit a further offence that severely prejudices the physical, psychological or sexual integrity of another person.

Art. 76

1 Custodial sentences are executed in a secure or open penal institution.

2 The prison inmate shall be admitted to a secure penal institution or to the secure section of an open penal institution if there is a risk that that he will abscond or it is expected that he will commit further offences.

Art. 77

The prison inmate normally spends his working, rest and leisure time in the institution.

Art. 77a

1 The custodial sentence is executed in the form of day release employment if the prison inmate has served part of the custodial sentence, normally a minimum one half, and it is not expected that he will abscond or commit further offences.

2 In day release employment, the prison inmate works outside the institution and spends his rest and leisure time in the institution. The change to day release employment normally takes place following an appropriate period spent in an open institution or the open section of a secure institution. Work outside the institution may also include housework and caring for children.

3 If the prison inmate proves himself to be of good behaviour in day release employment, the further execution of the sentence takes the form of external accommodation and day release employment. Here the prison inmate lives and works outside the institution, but remains under the supervision of the executive authority.

Art. 77b

A custodial sentence of from six months to one year is executed in the form of semi-detention if it is not expected that the prison inmate will abscond or commit further offences. The prison inmate continues his work or education and training outside the institution and spends his rest and leisure time in the institution. The supervision of the offender required for the duration of the period of execution must be guaranteed.

Art. 78

Solitary confinement in the form of uninterrupted separation from other prison inmates may only be ordered :

a. for a maximum of one week at the start of the sentence in order to initiate the execution of the sentence ;
b. for the protection of the prison inmate or of third parties ;

as a disciplinary sanction.

Art. 79

1 Custodial sentences of up to six months and sentences of which less than six months remains after account is taken of pre-trial detention are normally executed in the form of semi-detention.

2 Custodial sentences not exceeding four weeks may on request be served on a daily basis. The sentence is divided into several instalments that are served on days when the offender is not working or is on holiday.

3 Semi-detention and sentences served on a daily basis may also be executed in the special section of a pre-trial detention institution.

Art. 80

1 A departure from the rules governing the execution of sentences in favour of the prison inmates may be permitted :

a. if the state of health of the prison inmates so requires ;
b. in the event of pregnancy, childbirth and for the time immedi¬ately after childbirth ;
c. to enable the mother and infant to be accommodated together, provided this is also in the interests of the child.

2 If the sentence is not served in a penal institution, but in another appropriate institution, the prison inmate is subject to the regulations of that institution unless the executive authority orders otherwise.

Art. 81

1 The prison inmate is obliged to work. Wherever possible, the work should be appropriate to his skills, education and training and his interests.

2 If he consents to do so, the prison inmate may work for a private employer.

Art. 82

Where he shows the required aptitude and the possibility exists, the prison inmate is given the opportunity to undergo basic and advanced training appropriate to his skills.

Art. 83

1 The prison inmate receives a wage for his work based on his performance and according to the circumstances.

2 The prison inmate may freely dispose of only part of his wage while serving his sentence. The remaining part is withheld until the inmate has been released. The wage may neither be pledged, seized nor included in an insolvent estate. Any assignment or pledge of the wage is null and void.

3 If the prison inmate participates in basic or advanced training instead of work in accordance with his sentence management plan, he receives appropriate remuneration.

Art. 84

1 The prison inmate has the right to receive visitors and to cultivate contacts with persons outside the institution. Contact with close relatives and friends shall be facilitated.

2 Contact may be monitored and for the preservation of order and security in the penal institution it may be restricted or prohibited. The supervision of visits is not permitted without the knowledge of those concerned. The foregoing does not apply to procedural measures in order to secure evidence for the purposes of a prosecution.

3 Clerics, doctors, attorneys, notaries and guardians as well as persons with comparable duties may be permitted to communicate freely with the prison inmates subject to the general institution rules.

4 Contact with defence attorneys must be permitted. Visits from the defence attorney may be supervised but conversations may not be listened in on. Inspecting the content of correspondence and attorneys' documents is not permitted. Contact with attorneys may be prohibited by the competent authority in the event of abuse.

5 Communications with the supervisory authorities may not be monitored.

6 The prison inmate shall be granted release on temporary licence to an appropriate extent in order to cultivate relations with the outside world, prepare for his release or where there are special circumstances, provided his conduct in custody does not preclude this and there is no risk that he will abscond or commit further offences.

6bis Offenders subject to indefinite incarceration are not granted release on temporary licence or other relaxations of the execution of the sentence during the sentence served prior to incarceration.

7 Article 36 of the Vienna Convention of 24 April 1963 on Consular Relations and other regulations under international law on visits and correspondence that are binding on Switzerland are reserved.

Art. 85

1 The personal effects and the accommodation of the prison inmate may be searched in the interests of maintaining order and security in the penal institution.

2 A prison inmate who is suspected of concealing unpermitted articles about his person or in his body, may be subjected to a body search. The search must be conducted by a person of the same gender. If the removal of clothing is required, this must be carried out in the absence of other prison inmates. Searches of body cavities must be carried out by a doctor or other medically qualified staff.

Art. 86

1 If the prison inmate has served two thirds of his sentence, provided this amounts to at least three months, he shall be released on parole by the competent authority if this is justified by his conduct while in custody and it is not expected that he will commit further felonies or misdemeanours.

2 The competent authority shall assess ex officio whether the inmate may be released on parole. It shall obtain a report from the institution board. The prison inmate shall be granted a hearing.

3 If parole is refused, the competent authority must reassess the question of whether parole may be granted at least once each year.

4 If the prison inmate has served half of his sentence, provided this amounts to at least three months, he may be released on parole by way of exception, if exceptional personal circumstances justify this.

5 In the case of persons serving a life sentence, parole under paragraph 1 is possible at the earliest after 15 years, and under paragraph 4 at the earliest after ten years.

Art. 87

1 A person released on parole is made subject to a probationary period of a duration that corresponds to the remainder of his sentence. The period however amounts to at least one year and no more than five years.

2 The executive authority shall normally order probation assistance for the duration of the probationary period. It may impose conduct orders on the person released on parole.

3 If parole is granted to an inmate serving a custodial sentence for an offence mentioned in Article 64 paragraph 1, and if on expiry of the probationary period a continuation of the probation assistance or the conduct orders appear to be required in order to reduce the risk of further offences of this type being committed, the court may at the request of the executive authority extend the probation assistance orthe conduct orders in each case by one to five years or impose a new conduct order for this period. A recall to custody in accordance with Article 95 paragraph 5 is not possible in such cases.

Art. 88

If the person released on parole is of good behaviour throughout the probationary period, he is granted final release.

Art. 89

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 pre-trial detention that the offender has served during the recall to custody proceedings are taken into account in the remain¬der 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.

Art. 90

1 A person subject to the execution of a measure under Articles 59–61, may only be accommodated without interruption separately from theother inmates of an institution for the execution of measures if this is essential :

a. as a temporary therapeutic measure ;
b. for the protection of other inmates of the institution or of third parties ;
c. as a disciplinary sanction.

2 At the start of the execution of the measure, a sentence management plan is drawn up in consultation with the inmate or his legal representative. This includes in particular details of the treatment of the in¬mate's mental disorder, dependence or developmental disorder and on measures to prevent the endangerment of others.

2bis Measures under Articles 59–61 and 64 may be executed in the form of external accommodation and day release employment if there is a justified opinion that this will significantly contribute to the aim of the measure being achieved, and if there is no risk that the inmate will abscond or will commit further offences. Article 77a paragraphs 2 and 3 applies by analogy.

3 If the inmate is able to work, he is required to work to the extent that his in-patient treatment or care requires or permits. Articles 81–83 apply in an analogous manner.

4 Article 84 applies by analogy to the relations of the inmates of an institution for the execution of measures with the outside world, unless additional restrictions are required for reasons relating to the in-patient treatment.

Art. 91

1 Disciplinary sanctions may be imposed on prison inmates and inmates of an institution for the execution of measures who are guilty of infringing the institution regulations or the sentence management plan.

2 Disciplinary sanctions are :

a. a reprimand ;
b. the temporary withdrawal or restriction of the right to use money, participate in recreational activities or have external contacts ;
c.50 a fine ; and
d.51 solitary confinement as an additional restriction of liberty.

3 The cantons shall enact disciplinary regulations applicable to the execution of sentences and measures. The regulations detail the disciplinary offences, the sanctions and how they are fixed, and regulate the procedure.

Art. 92

The execution of sentences and measures may be interrupted for good cause.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable
circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.