21 07 78 · Art. 89 Abs. 1 StGB

21 07 78 • KG LU 21 07 78 AI generated

Jurisdiction for Revocation of Conditional Release Under New Penal Code

Case Number 21 07 78

Court / Authority Kantonsgericht · sonstige

Jurisdiction

Switzerland · Canton of Lucerne (CH-LU)

Decision Date 2007-07-26

Outcome Allowed / Granted

Open official source Entscheidsuche mirror Machine-readable Markdown (.md)

Legislator summary

AI generated

An individual conditionally released in December 2004 was subsequently convicted in April 2007 for offenses committed partly during the probation period, leading the correctional services to inquire which authority had jurisdiction to decide on a potential revocation of the conditional release under the newly enacted penal code provisions. The court reasoned that since the new law's provisions regarding the regime of execution of sentences apply even to those convicted under the old law, and drawing an analogy from jurisprudence regarding conditional release (Art. 86 StGB), the court that judged the new offenses (the Appellate Court) retains jurisdiction under the new law (Art. 89 Abs. 1 StGB) to decide on any subsequent revocation of the earlier conditional release.

Legislator headnote

AI generated

Art. 89 Abs. 1 StGB, Art. 63 StGB, Art. 38 Ziff. 4 Abs. 1 aStGB, Art. 388 Abs. 3 StGB, Art. 89 StGB, Art. 86 StGB; Jurisdiction for Revocation of Conditional Release Under New Penal Code: The court reasoned that since the new law's provisions regarding the regime of execution of sentences apply even to those convicted under the old law, and drawing an analogy from jurisprudence regarding conditional release (Art. 86 StGB), the court that judged the new offenses (the Appellate Court) retains jurisdiction under the new law (Art. 89 Abs. 1 StGB) to decide on any subsequent revocation of the earlier conditional release.