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

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 .

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. 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.