Concordat on the Costs of Execution of Sentences

1. Penalties within the meaning of this Concordat are deemed to be the custodial sentences imposed pursuant to Articles 35, 36, and 39, as well as Articles 87 and 95 of the Swiss Criminal Code of December 21, 1937.

2. These sentences are executed in accordance with Article 374 of the Swiss Criminal Code by the canton whose authority rendered the judgment. An exception is made for the contractual placement of the convicted person in the institution of another canton (inmate system).

1. Each canton bears the enforcement costs of the custodial sentences pronounced by its authorities, regardless of the nationality and place of residence of the convicted person. Subject to other agreements, it has no right to claim reimbursement from the canton of origin or the canton of residence.

1. Measures within the meaning of this concordat include the custody, treatment, and care of those lacking criminal responsibility or with diminished criminal responsibility (Art. 14 and 15 StGB), the protective measures (Art. 42 to 45 StGB), the placement of children and adolescents in an educational institution or family, the special treatment of children and adolescents, and the subsequent transfer of a juvenile to a penal institution (Art. 84, 85, 91, 92, and 93 para. 2 StGB).

1. Each measure is executed by the canton whose authority ordered it (judgment canton).

2. However, the canton of origin and, in cases where the canton of residence is required to contribute, also have the right to undertake the execution of the measure themselves. If both cantons request to assume the execution, preference is given to the canton that has to make the higher contribution, and in case of equal contribution, to the canton of origin.

1. The Costs of Measures Concerning Swiss Citizens are Distributed Among the Sentencing, Citizen's, and Residential Cantons as Follows

1. The Sentencing Canton bears the costs of the measures for the duration of the imposed punishment, which is replaced or deferred by the measure alone (Art. 14 para. 2, Art. 15 para. 2, and Art. 42 to 45 Swiss Criminal Code). For measures against the insane (Art. 14 and 15 Swiss Criminal Code) as well as for the treatment and care of children and adolescents (Art. 84, 85, 91, 92, and 93 para. 2 Swiss Criminal Code), the Sentencing Canton does not bear any costs.

2. Insofar as the costs are not borne by the Sentencing Canton in accordance with number 1, the Citizen's and Residential Cantons shall jointly cover them. The share of these Cantons is determined according to the duration of residence that the person to be provided for has in the Residential Canton, as follows (However, the Residential Canton is not obliged to contribute if it had revoked the settlement of the convict as a result of the judgment to be executed or due to the need for support according to Art. 45 of the Federal Constitution. In cases of detention, the obligation to contribute by the Residential Canton ceases after two years for convicts whose duration of residence does not reach ten years, after five years for those whose duration of residence does not reach twenty years, and after ten years for those with a longer duration of residence.)

a) For a duration of residence under four years, the Citizen's Canton bears the costs alone;

b) for a duration of residence of four to ten years, the Residential Canton bears a quarter of the costs;

c) for a duration of residence of ten to twenty years, the Residential Canton bears half of the costs;

d) for a duration of residence of over twenty years, the Residential Canton bears three-quarters of the costs.

3. A canton that is involved in the execution in multiple capacities must contribute to the execution costs in each capacity as the Sentencing, Citizen's, and Residential Canton.

1. If, following a measure, the suspended sentence must subsequently be enforced in whole or in part, this ordinarily takes place in the canton where the judgment was rendered, even if the canton of origin or residence had assumed the enforcement of the measure. However, the participating cantons may agree upon a different arrangement in individual cases.

2. The costs of the subsequent enforcement of the sentence are distributed among the participating cantons in the same manner as if the measure were to be continued.

1. The costs of measures imposed against foreigners shall be borne by the canton of judgment, subject to any differing provisions in international treaties.

1. As the home canton, the canton is liable for contributions, which is the citizen of the convicted person at the time the judgment becomes legally binding.

2. If the convicted person is a citizen of several cantons, the home canton is determined according to Article 22 of the Civil Code.

1. As the residential canton, the canton that is liable for contributions is the one in which the convicted person has continuously resided for at least four years at the time when the judgment becomes legally binding.

2. However, if the convicted person was detained prior to the judgment becoming legally binding, the decisive point for determining the residential canton is the date of the arrest warrant.

3. For wives and minors, the duration of residence and the residential canton are determined independently.

1. The commencement of the residential duration is considered to be the time of police registration, unless it can be proven that the stay began earlier or later.

2. The time during which the convicted individual was held in an institution for the purpose of serving a sentence or measure, receiving care, treatment, or recovery outside of the residential canton shall not be counted towards the residential duration. However, the duration of such a stay shall be included if it was ordered by a judgment or administrative decision of the residential canton, and if a judgment or decision from another canton is executed in an institution within the residential canton.

3. If the convicted individual previously resided in the current residential canton, the earlier residential duration shall be included in the cost distribution, provided it was uninterrupted for at least ten years and the period of absence did not exceed two years.

1. The enforcement costs are calculated based on the price applicable to citizens, residents, or retirees.

2. The price for retirees must not unreasonably exceed that calculated for cantonal citizens.

3. Necessary expenses for clothing and equipment as well as for medical care may also be charged as enforcement costs.

1. The judgment canton must inform the canton of origin and the canton of residence of a judgment or a decision ordering a measure, no later than twenty days after it has decided whether the judgment shall become legally binding.

2. In doing so, it must inform them where it intends to execute the measure and invite them to declare whether they claim the responsibility for execution.

3. At the same time, based on its findings regarding origin and duration of residence, it announces its proposals concerning the cost distribution.

1. The right to assume execution must be asserted by the canton of domicile and the canton of residence within twenty days of receiving the judgment or decision.

2. If no claim is made within this period, the right is forfeited.

3. If the canton in which the judgment was rendered does not recognize a right of assumption asserted in a timely manner, it must inform the claimant immediately, with reference to Art. 22.

1. Within the same period of twenty days (Art. 13), the canton of origin and the domicile canton must raise any objections regarding the cost distribution.

2. The canton rendering judgment shall communicate its claims to them after receiving their objections or after the expiration of the period, with reference to Art. 22.

1. The transfer of the individual subject to the measure from the judgment canton to the canton of enforcement is the responsibility of the receiving canton, which also bears the costs of the transfer.

2. For the period between the judgment or decision and the enforcement of the measure in the receiving canton, the judgment canton shall arrange for appropriate accommodation. The costs of such accommodation are considered as costs of enforcing the measure.

1. The execution of the measures shall be carried out according to the regulations applicable in the canton of execution.

2. Citizens of other cantons must not be treated differently regarding earnings share, board, and treatment than the citizens of the own canton.

1. Decisions reserved for the competent authority or the judge under the provisions of the Swiss Penal Code (such as final or conditional release, revocation of measures, recommitment, protective supervision, subsequent enforcement of the sentence) shall be made by the authorities of the canton of judgment.

1. The enforcing canton shall report to the competent authority of the sentencing canton on the execution at least once a year and inform it or the judge of the sentencing canton of any circumstances that may give rise to decisions pursuant to Art. 17.

1. The supervision order is ordinarily carried out by the canton of enforcement. If the person under supervision takes up residence in another canton or returns to their previous place of residence, the supervision shall be transferred to the new canton.

2. The costs, subject to other agreements, are borne by the original canton of enforcement.

1. In every case subject to this Concordat, the sentencing canton shall settle accounts with the involved cantons uniformly for the entire enforcement, even if certain measures (such as protective supervision) are executed in another canton.

2. The settlement occurs after the completion of enforcement, unless the involved cantons agree on periodic interim settlements for measures of longer duration.

1. In each concordat canton, the government council exercises supreme supervision over the administration of the concordat.

2. It designates the authorities responsible for implementation and manages communication with the other cantons.

1. Any decision concerning the application of the concordat that one canton sends to another with an explicit reference to this article may be appealed by the recipient to the decision of the Head of the Federal Department of Justice and Police within twenty days of receipt.

2. If another canton is directly involved in the decision, it shall be joined to the dispute procedure ex officio.

3. The Federal Department of Justice and Police may decide, upon application, what should or should not be done in the interim.

4. It is not bound by the submissions of the parties and may request further information, findings, or the production of additional evidence from the parties, irrespective of the burden of proof.

5. The Department of Justice and Police shall make a final decision (subject to Article 23) without cost.

6. Cantonal decisions against which none of the involved cantons has appealed to the Department within the prescribed period shall be deemed recognized.

1. A case that has been conclusively resolved may be reopened if, based on newly discovered facts or evidence that could not have been previously presented, its resolution appears to be evidently incorrect.

1. The constitutional complaint by residents of the concordat cantons pursuant to Art. 175 No. 3 of the Federal Act on the Organization of Federal Judicial Authorities is reserved.

1. The Federal Department of Justice and Police shall convene conferences of the competent departments of the cantons participating in the concordat as needed. At these conferences, questions regarding the interpretation and application of the present concordat may be addressed and decided by majority vote.

1. The Federal Council determines the date of entry into force of this Concordat.

2. It also sets the effective date for cantons that join the Concordat at a later time.

3. The provisions of the Concordat do not apply to judgments that have already become final at the time of the entry into force or the effective date in the respective canton.

1. Each contracting canton may withdraw from the concordat on January 1st of any year, provided that six months' notice of termination is observed.

2. Notices of accession and termination must be addressed to the Federal Council, which will inform the concordat cantons accordingly.