Key Benefits:
19 September 2006 (State on 21 November 2006)
This order shall rule:
1 The canton whose court set a general sentence according to art. 46, para. 1, 62 A , para. 2, and 89, para. 6, CP is responsible for its performance.
2 It takes charge of running costs. The proceeds of monetary penalties are vested in him.
1 If the stay with a sentence (financial penalty, work of general interest or deprivation of liberty) is revoked without the establishment of a general sentence within the meaning of s. 46, para. 1, CP, the canton of which the court has pronounced the penalty is competent for the execution of the sentence.
2 If reinstatement in the execution of the sentence of a person released on parole is ordered without the establishment of a general sentence within the meaning of s. 89, para. 6, CP, the canton which has ensured the execution of the custodial sentence of the conditional release is competent for the execution of the balance of the sentence.
3 If the execution of a custodial sentence, suspended by a measure, is ordered without the establishment of a general sentence within the meaning of s. 62 A , para. 2, CP, the canton where the court has handed down the penalty of deprivation of liberty is competent for the execution of the balance of the latter.
4 The costs of implementation shall be prorated between the cantons concerned.
If, at the time of execution, there are competitions of several custodial sentences, they shall be executed simultaneously, in accordance with Art. 76 to 79, CP, the total duration of which is decisive.
1 The date closest to the conditional release of a person who is sentenced to deprivation of liberty for a limited period of time and executables simultaneously is determined by the total length of the sentence.
2 In the event of a contest, at the time of execution, of a deprivation of liberty for life with one or more custodial sentences of a limited duration, the date closest to the conditional release within the meaning of s. 86, para. 5, CP is determined by adding 15 years and 10 years respectively to two-thirds or half of the total duration of the last mentioned punishments that must be sustained simultaneously.
3 In the calculation according to paras. 1 and 2, there is a need to include sentence balances due to the revocation of parole. On the other hand, there is no need to include the parties in the case of partial stays to be carried out.
1 If, at the time of execution, there are several therapeutic measures within the meaning of s. 59 to 61 and 63, CP, which are identical, are merged and executed as a single measure.
2 If, at the time of execution, there are several therapeutic measures within the meaning of s. 59 to 61 and 63 CP, which are different, the competent authority shall order the execution of the most urgent or appropriate measure and shall suspend the execution of others; if it reveals that several of the measures in competition are also urgent or The competent authority shall order their joint execution provided that there is an appropriate establishment.
3 If, in the course of carrying out measures ordered under para. 2, measures which have been suspended appear to be just as urgent or appropriate, or even more urgent or appropriate, the competent authority shall order their execution in parallel with the measures carried out so far or in place of them.
4 Art. 62 to 62 D, 63 A And 63 B CP shall apply mutatis mutandis to the termination of the measures already carried out and to the execution of the measures that have been suspended. In the case of application of art. 62 C , para. 3, 4 and 6, and 63 B , para. 4 and 5, CP, the court of competent jurisdiction is the one who ordered the action that was carried out.
1 Where there is a competition for measures of therapeutic measures within the meaning of s. 59 to 61 and 63 CP with an internment within the meaning of s. 64, para. 1, CP, the competent authority shall ensure the execution of the internment and shall suspend that of the other measures. The execution of the internment shall be governed by the art. 64 to 65 CP.
2 The court that ordered the detention determines within the meaning of s. 65, para. 1, CP if and to what extent it is necessary to subsequently carry out the suspended therapeutic measures.
3 The lifting of the internment for testing successfully within the meaning of Art. 64 A , para. 5, CP results in the lifting of the therapeutic measures that had been suspended under para. 1.
1 Where, during the course of the execution, there are competitions of several internments within the meaning of s. 64, para. 1, CP, these are amalgamated and executed as a single internment.
2 The execution of the custodial sentences handed down at the same time as the internment precedes the execution of the sentence.
3 Art. 64, para. 2 and 3, CP shall apply mutatis mutandis. The earliest date of parole within the meaning of s. 64, para. 3, CP is determined on the basis of the total length of all custodial sentences.
1 When, at the time of execution, there is a competition for institutional therapeutic measures within the meaning of s. 59 to 61 CP with deprivation of liberty, the enforcement of those measures precedes that of the penalties. The competent authority shall suspend the execution of the custodial sentences handed down at the same time as the measures or entering into competitions with the latter. Art. 62 to 62 D CP shall apply mutatis mutandis to the end of the execution of the measures and to the execution of custodial sentences which have been suspended. In the case of application of Art. 62 C , para. 3, 4 and 6, CP, the court having jurisdiction is the one who ordered the action that was carried out.
2 When, at the time of execution, there is a competition for internment within the meaning of s. 64, para. 1, CP with custodial sentences, the execution of these sentences precedes that of the internment.
1 When, during the course of the performance, there is a competition for ambulatory measures within the meaning of s. 63 CP with custodial sentences, the competent authority:
2 The court that ordered the action or sentence that has been executed determines whether and to what extent it is necessary to carry out the measures or penalties suspended in accordance with para. 1, let. B.
1 When, during the course of the execution, there is a competition for works of general interest, they shall be executed jointly. The implementing authority may extend the time limits laid down in Art. 38 and 107, para. 2, CP, if the total duration of work of general interest exceeds 720 hours or 360 hours, respectively.
2 The court which has ordered the work of general interest having the first acquired force shall decide on the subsequent conversion of that penalty into a pecuniary penalty or a penalty of deprivation of liberty within the meaning of Art. 39 CP or the enforcement of the fine under s. 107, para. 3, CP.
1 Where, during the course of the execution, there is competition for work of general interest with custodial sentences, the competent authority shall, as a matter of priority, ensure that the most urgent or appropriate sanction is carried out.
2 When, during the course of the execution, there is a competition for works of general interest with institutional therapeutic measures within the meaning of s. 59 to 61 CP, alone, or with such measures and custodial sentences, the enforcement of the measures precedes that of the penalties. Art. 9, para. 1, shall apply mutatis mutandis.
Where the penalties which are in competition at the time of execution have been imposed by judgments given by the authorities of different cantons, they shall consult each other when deciding on:
Unless otherwise agreed by the cantons concerned in respect of competence in respect of enforcement, the competent authorities shall:
The canton which is responsible for the joint execution of sanctions has the necessary decision-making powers to carry out this execution, including the penalties imposed in the other cantons.
1 The costs of implementing the measures shall be borne by the canton, which shall bear the responsibility for such enforcement under this order or a convention.
2 The costs of implementing the sanctions shall be prorated between the cantons concerned.
3 The costs of carrying out the internment shall be divided equally between the cantons which gave it.
Where, for the joint execution of works of general interest, the application of s. 11, para. 2, the proceeds of pecuniary penalties or fines shall be prorated between the cantons concerned.
1 On the entry into force of the judgment, the judge shall immediately announce the driving prohibition which he has ordered under Art. 67 B CP 1 To the competent authority under s. 4, para. 1, of the order of 23 August 2000 on the register of driving licences 2 .
2 The competent authority shall:
The cantons shall determine the amount of remuneration referred to in Art. 83 CP and its use by the inmate.
1 This order shall apply mutatis mutandis to the enforcement of the sanctions imposed by:
2 Where the provisions of Section 2 or Section 4 are applied, the penalties imposed by the military courts or by the Federal Criminal Court shall be regarded as having been imposed by the court of the canton competent for Their performance under s. 212 of the military criminal procedure of 23 March 1979 1 Or according to art. 241 of the Federal Act of 15 June 1934 on criminal procedure 2 The military courts or the Federal Criminal Court, however, remain competent to decide the decisions referred to in Art. 6, para. 4, 2 E Sentence, 7, para. 2, 9, para. 1, last sentence, 10, para. 2, and 11, para. 2.
3 The special provisions of other federal acts, in respect of the compensation of the cantons for that performance, are reserved.
1 RS 322.1
2 [RS 3 295; RO 1971 777 III hp. 4, 1974 1857 Annex c. 2, 1978 688 art. 88 Ch. 4, 1979 1170, 1992 288 Annex c. 15 2465 Annex c. 2, 1993 1993, 1997 2465 appendix c. 7, 2000 505 hp. I 3 2719 ch. II 3 2725, 2001 118 hp. I 3 3071 ch. II 1 3096 Annex c. 2,3308, 2003 2133 Annex c. 9, 2004 1633 hp. I 4, 2005 5685 Annex, c. 19, 2006 1205 Annex c. 10, 2007 6087, 2008 1607 Annex c. I 4989 Annex 1 c. 6 5463 annex, c. 3, 2009 6605 Annex, c. II 3. RO 2010 1881 Annex 1 c. I 1]. See the Swiss Code of Criminal Procedure of 5 October. 2007 (RS 312.0 ).
The following orders are repealed:
This order shall enter into force on 1 Er January 2007.