Rs 311.01 Order Of 19 September 2006 Relating To The Penal Code And The Military Criminal Code (Cpm-Cp-O)

Original Language Title: RS 311.01 Ordonnance du 19 septembre 2006 relative au code pénal et au code pénal militaire (O-CP-CPM)

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311.01 Ordinance to the penal code and the military penal code (O-CP-CPM) of September 19, 2006 (status November 21, 2006) federal Council Swiss, view of art. 387, al. 1, let. a, b and e, of the criminal code (CP), view the art. 34b, al. 1, and 47 of the military penal code of 13 June 1927 (CPM), stop: Section 1 purpose art. 1 this order regulates: a. enforcement jurisdiction and management of fees in the case of sentencing of all, revocation of the suspended and reintegration; b. the assistance of several penalties within the meaning of the CP; c. the competition, during the execution of sanctions imposed by authorities of cantons; d. actions to be taken in the event of imposition of a prohibition to drive as well as the amount of the remuneration of prisoners and the use they can make; e. the application by analogy of the provisions on the enforcement of judgments rendered by military courts or by the federal criminal court.

Section 2 whole sentences, revocation of the suspension and re-integration: competence in performance and management fees art. 2 whole sentences the canton of which the tribunal has set a whole sentence according to the art. 46, al. 1, 62, art. 2, and 89, al. 6, CP is responsible for the enforcement thereof.
It shall meet the costs of execution. The product of the penalties is vested.

Art. 3 revocation of the suspension and reinstatement if the sentence attached to a sentence (fine, community service or custodial sentence) is revoked unless fixing a sentence together in the sense of art. 46, al. 1, CP, the canton which the Court handed down the sentence is responsible for the enforcement thereof.
If the reintegration in the execution of the sentence of a person released conditionally is ordered without there is fixing a sentence together in the sense of art. 89, al. 6, CP, the canton which ensured execution of the deprivation of liberty suffered until the parole is responsible for the execution of the balance of the sentence.
If execution of a custodial sentence, suspended by a measure is ordered without there is fixing a sentence together in the sense of art. 62, art. 2, CP, the canton which the Court handed down the sentence is responsible for the execution of the balance thereof.
Enforcement fees are divided pro rata between the cantons concerned.

Section 3 contests, during execution, several sanctions art. 4 custodial sentences run simultaneously so, during execution, there is competition of several custodial sentences, they are executed at the same time, in accordance with the art. 76 to 79, CP, their total duration being decisive.

Art. 5 parole in the case of custodial sentences executable simultaneously the nearest date of the conditional release of a person sentenced to deprivation of freedom of a time-limited and executable at the same time is determined from the total length of these sentences.
In case of contest, executing, a custodial sentence to life with one or more sentences of a term limited, the closest date of parole within the meaning of art. 86, al. 5, CP is determined by respectively adding 15 years and 10 years to two-thirds or half of the total duration of the last mentioned sentences that must be experienced simultaneously.
In the calculation according to the al. 1 and 2, there is place to include the balances of sentences due to revocation of parole. On the other hand, there are no to include the parties in the event of partial to run suspended.

Art. 6 therapeutic measures executable simultaneously if, during execution, there is competition of several therapeutic measures in the sense of the art. 59-61 and 63, CP, which are the same, these are merged and executed as a single step.
If, during the execution, there is competition of several therapeutic measures in the sense of the art. 59 to 61 and 63 CP, which are different, the competent authority orders the execution of the measure the most urgent or most appropriate and suspends the execution of others; If it turns out that several of the measures in competition are also urgent or appropriate one than the other, the competent authority orders their joint execution provided that there is an appropriate institution.
If, during the execution of measures ordered under the al. 2, measures that were suspended appear all too urgent or appropriate, or even more urgent or appropriate, the competent authority ordered their execution at the same time the measures taken or in place of these.
The art. 62 to 62d, 63A and 63B CP apply by analogy at the end of the already completed measures and enforcement of measures that have been suspended. In case of application of art. 62, al. 3, 4 and 6, and 63b, al. 4 and 5, CP, the court competent to adjudicate is one that ordered the measure that has been executed.

Art. 7 therapeutic measures and detention within the meaning of art. 64, al. 1, CP, executable at the same time when there is competition of therapeutic measures in the sense of the art. 59-61 and 63 CP with a detention within the meaning of art. 64, al. 1, CP, the competent authority shall undertake the execution of detention and suspended other measures. Execution of detention is governed by arts. 64 to 65 CP.
The Court which ordered the internment determines within the meaning of art. 65, al. 1, CP if and to what extent it is necessary to run later suspended therapeutic measures.
The lifting of the internment for updated test undergone successfully within the meaning of art. 64, art. 5, CP results of therapeutic measures which had been suspended, according to para. 1 art. 8 Internments in the sense of art. 64, al. 1, CP, executable at the same time when, in the course of execution, there are several internments competition within the meaning of art. 64, al. 1, CP, these are merged and run as a single internment.
Execution of the custodial sentences handed down at the same time as internment precedes the execution of it.
Art. 64, al. 2 and 3, CP is applicable by analogy. The closest date of parole within the meaning of art. 64, al. 3, CP is determined by the total duration of all of the custodial sentences.

Art. 9 institutional therapeutic measures and custodial sentences run simultaneously when, in the course of execution, there is competition of institutional therapeutic measures in the sense of the art. 59 to 61 CP with the custodial sentences, the execution of these measures prior to the sentencing. The competent authority suspends the execution of the custodial sentences imposed as part of the measures or entering into competition with the latter. The art. 62d CP 62 apply by analogy at the end of the execution of measures and enforcement of the custodial sentences which has been suspended. In case of application of art. 62, al. 3, 4 and 6, CP, the court competent to adjudicate is the one who ordered the measure that has been executed.
When, during execution, there is competition of detention within the meaning of art. 64, al. 1, CP with the custodial sentences, these sentences precedes the internment.

Art. 10 ambulatory measures and custodial sentences run simultaneously when, in the course of execution, there is competition of ambulatory measures within the meaning of art. 63 CP with the custodial sentences, the competent authority: a. ensures simultaneous ambulatory measures and the custodial sentences enforcement; forgotten the source. orders the execution of the measure or of the custodial sentence of the most urgent or most appropriate and suspends the enforcement of other sanctions.

The Court that ordered the measure or the sentence that has been executed determines whether and to what extent it is necessary to run later measures or sentences suspended, according to para. 1, let. b. art. 11 community service executable simultaneously when, during execution, there is competition of works of general interest, these are run jointly. The enforcement authority may extend appropriately the deadlines established at the art. 38 and 107, al. 2, CP, if the total duration of the work of general interest exceeds 720 hours or 360 hours, respectively.
The Court which ordered the work of general interest with the first binding acquis shall decide on the subsequent conversion of this assent in monetary penalty or imprisonment within the meaning of art. 39 CP or the performance of the fine according to art. 107, al. 3, CP.

Art. 12 works of general interest and penalties-custodial executable at the same time when, in the course of execution, there is competition of works of general interest with the custodial sentences, the competent authority ensures a priority execution of most urgent or most appropriate sanction.
When, during execution, there is competition of works of general interest with institutional therapeutic measures in the sense of the art. 59-61 CP, alone, or with such measures and of custodial sentences, execution measures precedes the sentences. Art. 9, al. 1, shall apply by analogy.

Section 4 competitions, during execution, sanctions imposed by authorities of cantons


Art. 13 consultation between the cantons concerned when the sanctions that are in competition, during execution, were inflicted by judgments by authorities of cantons, they consult each other when it comes to rule on: a. the most urgent or most appropriate sanctions enforcement; b. simultaneous execution of several penalties.

Art. 14 jurisdiction unless otherwise agreed by the cantons concerned as to the jurisdiction for enforcement, is responsible: a. for execution of concurrent sentences (art. 4): the canton of which the tribunal gave the sanction or the whole sentence (art. 46, para. 1, 62 a, para. 2, and 89, al. 6, CP) longest; (b) for the performance of similar measures (art. 6 al. 1, and art. (8), simultaneous execution of different therapeutic measures (art. 6, para. 2) or ambulatory measures and custodial sentences (art. 10, al. 1 let. a), or running joint work of general interest (art. 11): the canton in which the judgment has been pronounced entered into force in the first place; (c) in the case of competition of works of general interest and of custodial sentences (art. 12 al. (1): the canton which the Court handed down the penalty which is enforceable in the first place; (d) in the case referred to in art. 6, al. 3: the canton that is competent for execution according to art. 6, al. 2; e. in other cases (art. 6, para. 2, arts. 7, 9 and 10, al. 1 let. b): the canton of which the tribunal has pronounced sanctions which are enforceable.

Art. 15 decision-making competence of the competent canton canton which has responsibility for the joint delivery of sanctions has decision-making skills necessary for this performance, including what concerns the sanctions imposed in other cantons.

Art. 16 support for expenses of enforcement measures are the responsibility of the canton which has responsibility for this execution under this order or agreement.
The costs of execution of sanctions are divided pro rata between the cantons concerned.
The costs of execution of detention are divided equally between the cantons which made it.

Art. 17 product of the penalties and fines when, for joint work of general interest, execution shall apply art. 11, al. 2, of the penalties or fines revenue is shared pro rata between the cantons concerned.

Section 5 driving prohibition and compensation art. 18 driving ban the entry into force of the judgment, the judge announced without delay the driving ban ordered by virtue of art. 67b CP to the competent authority according to the art. 4, al. 1, of the Ordinance of 23 August 2000 on the register of the permissions of drive.
Competent authority: a. fixed the date on which the ban produced effect; (b) communicates the date to the convicted person and ordered him to give him his student driver permit or license; c. entered the driving ban in the registry permissions to drive.

Currently, see art. 67th RS Art. 741.53. 19 compensation the cantons set the amount of the remuneration referred to in art. 83 CP and regulate the use thereof by the detainee.

Section 6 enforcement of judgements of military courts and the Tribunal criminal federal art. 20. this order applies by analogy to enforcement of sanctions that are imposed by: a. military courts; b. the federal criminal court.

When application is made to the provisions of section 2 or section 4, the sanctions imposed by the military courts or the federal criminal court are considered as having been inflicted by the tribunal of the competent canton for their execution according to art. 212 military criminal procedure of 23 March 1979 or under art. 241 of the Federal law of June 15, 1934, on criminal procedure. Military courts or the federal criminal court remains competent to stop the decisions referred to in art. 6, al. 4, 2 sentence, 7, al. 2, 9, al. 1, last sentence, 10, al. 2, and 11, al. 2 are reserved special provisions of other federal legislation, regarding compensation for the cantons for this run.

RS 322.1 [RS 3 295; RO 1971 777 III c. 4, 1974 1857 annex c. 2, 1978 688 art. 88 ch. 4, 1979 1170, 1992 288 annex ch. 15 2465 annex ch. 2, 1993 1993, 1997 2465 appendix c. 7, 2000 505 hp. I 3 2719 ch. II 3 2725, 2001 118 ch. I 3 3071 ch. II 1 3096 annex ch. 2-3308, 2003 2133 annex c. 9, 2004 1633 ch. I 4, 2005 5685 annex c. 19, 2006 1205 annex c. 10 2007 6087, 2008 1607 annex ch. I 4989 annex 1 ch 6 5463 annex c. 3, 2009 6605 annex ch. II 3. RO 2010 1881 annex 1 c. I 1]. See now the Swiss criminal procedure code of 5 October. 2007 (RS 312.0).

Section 7 provisions final art. 21 repeal of the law in force the following orders are repealed: 1. the order (1) of 13 November 1973 penal code Swiss; 2. order (2) on 6 December 1982 the code penal; 3. order (3) on 16 December 1985 relating to the penal code.

[RO 1973 1841, 1983 1616, 1990 518]
[RO 1982 2237]
[RO 1985 1941, 1990 519, 1995 5273, 1998-882, 2001-3307]

Art. 22 entry into force this order comes into force on January 1, 2007.

RO 2006 4495 RS 311.0 RS 321.0 State on November 21, 2006

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