Kanton Glarus (EGSTGB)

Principle

1 The general provisions of the Swiss Penal Code and the Federal Act on Juvenile Criminal Law apply to the offences that remain subject to cantonal criminal law, with the special penal provisions of cantonal law being reserved. *

Negligence

1 Violations of cantonal law are punishable, even if committed negligently, unless the provision explicitly threatens only intentional commission with punishment.

Jurisdiction to Enact Penal Provisions

1 The Landsgemeinde, the Cantonal Council (Landrat), and the Government Council (Regierungsrat) are authorized to include penal provisions concerning violations of the provisions of these enactments in laws, resolutions, ordinances, and regulations, as are the municipalities with regard to municipal enactments.

2 These penal provisions shall be in the form of a fine.

**1.2. Individual Infringements**

Disobedience to Instructions, Procedural Discipline

1 Whoever fails to comply with verbal instructions issued by authorities or employees of the Canton

and the communes, disturbs the course of business towards them, or violates decorum, shall be punished with a fine.

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Failure to State Name

Whoever, upon legitimate request by employees of the Canton or municipalities, refuses to state his name, address, or other personal details, or provides incorrect information, shall be punished with a fine.

Unauthorized Wearing of a Uniform

Whoever wears without authorization the uniform of police officials shall be punished with a fine.

* Unlawful Assumption of an Academic Title

Whoever unlawfully assumes an academic title shall be punished with a fine.

Unlawful Communication with Prisoners

Whoever, without the permission of the competent authorities, shall be punished with a fine

a. establishes contact with prisoners or persons who are admitted to institutions for the execution of sentences and measures;

b. introduces objects into or removes objects from detention facilities, prisons, or institutions for the execution of sentences and measures.

* Disturbance of the Peace, Violation of Public Morals and Decency, Disorderly Conduct

Whoever disturbs or allows to be disturbed the nocturnal peace by directly or indirectly causing noise, or causes unnecessary or avoidable disturbing noise outside of nocturnal hours, whoever is guilty of conduct in public that violates public morals and decency, whoever causes disorderly conduct, shall be punished with a fine.

* **Begging**

Whoever begs or sends other persons, particularly children, to beg, shall be punished with a fine.

Keeping Dangerous Animals

Whoever fails to properly keep a dangerous or unpredictable animal,

or neglects to take precautionary measures to which he or she is obligated

under the circumstances, shall be punished with a fine.

* Inciting or Scaring Animals

Whoever, by inciting or scaring animals, creates a danger to persons, animals or property, shall be punished with a fine.

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Offences against Nature and Heritage Protection

1 Anyone who violates the regulations issued by the Canton or the municipalities in the field of nature and heritage protection and for the preservation of antiquities and curative springs, in the sense of Article 702 of the Swiss Civil Code (ZGB), shall be punished with a fine.

* **Committing Nuisances and Other Contaminations**

1 Whoever within populated areas relieves themselves outside of sanitary facilities shall be punished with a fine.

2 Whoever contaminates buildings and installations, thereby impairing their appearance or their intended use, shall be punished with a fine, provided that the conduct is not punishable under another provision.

3 Whoever unauthorizedly disposes of or leaves behind small waste such as packaging materials, beverage containers, or other objects and substances shall be punished with a fine, provided that the conduct is not punishable under another provision.

1. Removal of Posters

1. Whoever intentionally removes, tears down, damages, disfigures, or soils publicly displayed official announcements or posters affixed with authorization, shall be punished with a fine.

2. Competence of Authorities

Enforcement Authorities

1 Final judgments and decisions of the cantonal criminal authorities are enforced by the cantonal administrative authorities designated by the Government Council, subject to special jurisdictions for the collection of monetary claims within the meaning of Article 442 of the Code of Criminal Procedure.

2 The Government Council designates the cantonal administrative authority that exercises supervision over the detention facilities and over the treatment of detainees and issues the necessary instructions to the prison staff.

* **Competent Department**

1 The department responsible for health designates the practices and hospitals that meet the requirements for the professional performance of pregnancy terminations and for in-depth counselling (Art. 119 para. 4 SCC). It also determines the reporting office for pregnancy terminations (Art. 119 para. 5 SCC).

Art. 21 *

* **3. Pardon** *

Art. 22 * **Pardoning Authorities**

1 The pardoning authority within the meaning of Articles 381–383 SCC is the Cantonal Council for custodial sentences exceeding six months, and the Government Council for lesser sentences.

1. Begnadigungsbehörde im Sinne der Artikel 381-383 StGB ist für Freiheitsstrafen von über sechs Monaten der Landrat und für geringere Strafen der Regierungsrat.

Petition for Pardon

¹ The petition for pardon must be submitted in writing, along with any relevant documents, to the pardon authority.

² The pardon authority shall consult the criminal records and conduct the necessary inquiries.

Suspensory Effect

1. A petition for pardon has no suspensory effect.

* Finality

¹ The pardon decisions of the Landrat (District Council/Governor) and the Regierungsrat (Government Council) are final.

* **Service of Judgment and Commencement of Enforcement** *

1 The courts shall serve the final judgment on the administrative authority responsible for enforcement. They shall notify the authority of the verdict immediately if the convicted person has already been deprived of liberty or if precautionary measures need to be considered. *

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1a The Public Prosecutor’s Office and the Juvenile Prosecutor’s Office shall serve the final penal order on the administrative authority responsible for enforcement if an unconditional custodial sentence, probation, or an instruction has been ordered. *

1b The courts, as well as the Public Prosecutor’s Office and the Juvenile Prosecutor’s Office, shall append any expert opinions, reports, and other documents to their criminal decisions, insofar as these are suitable and necessary for enforcement. *

2 The enforcement of liberty-restricting sentences and measures in a suitable institution must be initiated as quickly as possible after the judgment has become final.

3 The summons to commence a custodial sentence or a liberty-depriving criminal measure shall generally be served on the convicted person by means of a written order. If the whereabouts are unknown, the convicted person shall be put on police wanted list for arrest by the competent cantonal authority.

* Early Execution of Sentences and Measures

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1a The permission for the early execution of a stationary measure by the case management requires the consent of the administrative authority responsible for the execution. *

2 The criminal authority provides the competent execution authority with the necessary instructions for early execution. *

Capacity to be Detained and to Serve a Sentence

1 In case of doubt or upon corresponding indication, the admitting authority decides on the capacity of an affected person to be detained or to serve a sentence.

2 It bases its decision on the findings and any recommendation from a medical professional.

* **Postponement**

1 The enforcement of a custodial sentence may be postponed by the competent cantonal administrative authority, upon a reasoned request, if the immediate enforcement of the sentence would cause exceptionally severe disadvantages to the convicted person or their family.

2 If the convicted person suffers from a serious or contagious illness, or if a convicted woman is pregnant, the competent cantonal administrative authority shall determine the commencement date of the sentence or measure.

3 In the event of a postponement, the competent cantonal administrative authority shall, if necessary, take suitable measures to ensure the enforcement of the sentence.

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* **Suspension of Enforcement**

1. The enforcement authority shall suspend enforcement upon order of the criminal authority. In the presence of important reasons, the competent administrative authority may interrupt enforcement, provided there is no risk of flight or recidivism.

2. Subsequent applications to the court in accordance with Articles 36 paragraph 3 and 106 StGB (Swiss Criminal Code) shall not have a suspensive effect during the ongoing enforcement of a substitute custodial sentence.

1. Die zuständige kantonale Verwaltungsbehörde bestimmt im Rahmen des Ostschweizerischen Strafvollzugskonkordates[[1]](#paragraphtext_content_fn_543792_2_1_c) den Vollzugsort für die Durchführung von Strafen und Massnahmen.

2. Der Regierungsrat kann, soweit keine geeigneten Vollzugsmöglichkeiten auf kantonalem Boden zur Verfügung stehen, die nötigen Vereinbarungen mit andern Kantonen und Einrichtungen zur Mitbenützung von Vollzugseinrichtungen treffen.

* **Disciplinary System**

1. The disciplinary system serves to maintain order and security in the cantonal correctional institutions.

2. Inmates must behave correctly and observe the applicable enforcement regulations, the prison rules, the house rules, and the stipulations in the enforcement plan, as well as obey the orders of the prison staff.

3. The prosecution of a disciplinary offense lapses within six months of its commission; the statute of limitations is suspended during an escape.

4. The enforcement of a disciplinary measure lapses within six months.

* Disciplinary Misconduct

1 Disciplinary misconduct includes, in particular

1. Escape, attempted escape, and aiding escape;

2. Assault or threats against prison staff, fellow inmates, officials, or

third parties;

3. Refusal to work or incitement to do so, as well as failure to return

from external employment;

4. Abuse of leave, выхода, or visiting privileges;

5. Unauthorized communication with persons outside the institution;

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6. Introduction and removal, manufacture, possession, and transfer of

prohibited or dangerous items, particularly weapons or documents,

and unauthorized money, circumventing controls;

7. * Willful damage or defilement of buildings and objects, wasteful use

of materials;

8. Introduction, possession, manufacture, consumption, or trafficking

of drugs or alcohol, as well as misuse of medication;

9. Undue behavior towards staff of the correctional facility, fellow

inmates, officials, or third parties;

10. Persistent feigning of illness and intentional self-injury;

11. *

12. Disregard of express orders.

2 Incitement to and complicity in the commission of disciplinary offenses shall be

considered disciplinary misconduct.

* Disciplinary Measures

1 Disciplinary measures are

1. Reprimand;

2. Temporary withdrawal or restriction of the disposition of funds;

3. Temporary withdrawal or restriction of leisure activities, in particular the use of radio or television sets, and participation in events, courses, and communal activities;

4. Temporary withdrawal or restriction of external contacts, in particular a ban on visits, leave, and holidays; communication with authorities and the legal representative remains reserved;

5. Fine up to 200 Swiss francs;

6. Cell or room confinement up to 14 days;

7. Arrest up to 14 days.

2 Several disciplinary measures may be combined.

3 If the previous conduct of the committed person justifies it, the execution of the disciplinary measure may be suspended with the setting of a probation period. If the committed person commits a new disciplinary offense during the probation period or fails to comply with the execution plan or special agreements, the disciplinary measure shall be executed. In minor cases, the inmate may be cautioned or the probation period may be extended by no more than half of the original duration.

4 In the event of serious or repeated disciplinary misconduct, the committed person may be transferred by the committing authority to another correctional facility or returned from work or residential externship.

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Arrest

1 Arrest may only be ordered in cases of serious or repeated disciplinary offenses.

2 Arrest shall be carried out in a cell designated for this purpose. The committed person shall be excluded from work, recreational activities, events, shopping, and external contacts. The cell may only be left for walks.

3 Medical, pastoral, and social care, as well as communication with authorities and legal counsel, remain reserved.

* Disciplinary Proceedings

1 The holder of disciplinary authority ensures that the facts are clarified. The affected person is given the opportunity to comment before the written disciplinary order is issued. In urgent cases, the decision is announced verbally and confirmed in writing as soon as possible.

2 The order is based on a comprehensive assessment, particularly of the objective severity of the disciplinary offense, the previous conduct during enforcement, and the motives. The measure should be suitable to prevent future violations of institutional discipline. The imposition of collective disciplinary measures is inadmissible.

3 A person affected by a disciplinary measure may lodge an appeal against disciplinary orders within two days of their notification. *

4 This appeal does not have suspensive effect, unless ordered by the appellate body. Otherwise, legal protection is governed by the Administrative Procedure Act²). *

1 Inmates are obliged to truthfully report serious and contagious diseases to the prison doctor or the prison management.

Boarding Fees

1 The boarding fees to be paid for accommodation in the cantonal prison, particularly for special forms of enforcement, are determined by the competent department, in compliance with binding decisions of the organs of the East Switzerland Penal Enforcement Concordat.

* **Bearing the Costs of Execution**

1 The canton generally bears the costs of executing sentences and measures.

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2 Where economic circumstances justify it, the convicted person may be required to contribute fully or partially to the costs of the execution of sentences and measures. This is also possible if economic circumstances change subsequently. Third-party contributions may also be used to cover the costs.

3 The administrative authority designated by the Government Council decides on the bearing of costs in individual cases.

4 The cantonal tax administration provides the competent cantonal administrative authority, free of charge, with the necessary information on the income and asset circumstances of convicted persons for the purpose of levying cost contributions, and grants access to tax files upon request.

Bearing Other Costs

1. Costs that are not directly related to the actual execution of sentences or measures, and for which the Canton is not liable under other provisions, such as costs of hospital care, stays in special therapeutic or nursing institutions, or necessary dental treatments, as well as expenses in the sense of Article 14 of the Concordat of the Eastern Swiss Cantons on the Execution of Sentences and Measures, shall be borne by the person concerned.

### Fees

1 For the processing of applications, particularly for the granting of special forms of execution (e.g. day-release execution, semi-detention, etc.), for the revocation of orders and the imposition of disciplinary measures, the competent administrative authority may levy fees based on the effort involved.

1 Claims for reimbursement by the Canton for costs arising from the enforcement of criminal sentences and measures become time-barred within 10 years.

Ordinances

1. The Government Council shall, within the framework of federal law and the Eastern Switzerland Criminal Justice Enforcement Concordat, issue the necessary implementing provisions concerning the enforcement of penalties and measures.

### Legal Protection

1. Subject to Article 29e paragraph 3 and the following paragraphs, legal protection is governed by the Administrative Justice Act.

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2. The time limit for filing an appeal against orders and decisions concerning the execution of a criminal judgment or penal order is ten days. *

3. Appeals have no suspensive effect unless ordered by the appeal authority.

3a. If the competent enforcement authority deems the revocation of a therapeutic measure according to Article 56 et seq. of the Swiss Penal Code and simultaneously the subsequent imposition of another criminal sanction to be appropriate, it shall submit a request to the Cantonal Court. The Cantonal Court shall also decide on the revocation of the therapeutic measure. The Public Prosecutor's Office and the Juvenile Prosecutor's Office have the rights of a party. The competent enforcement authority shall undertake the legally relevant investigations that may be significant for the decision. *

3b. First-instance decisions of the competent department are subject to direct appeal to the Administrative Court; the Administrative Court may also review the appropriateness of a decision. *

4. Orders that, by law, at the request of the enforcement authorities, or of the convicted person, are followed by a decision of a judicial authority, cannot be challenged by way of administrative justice.

Videoconferences

1. The prison authorities are entitled to carry out procedural acts and enforcement reviews, particularly in connection with hearings before the issuance of orders concerning steps towards release into the community, with the convicted person or other authorities by videoconference.

2. The convicted person must declare their consent to the videoconference when it concerns the granting of a right to be heard in the case of a conditional release.

3. The conversation must be recorded in sound and vision or, if a recording is waived, be minuted.

Abolition of Existing Rights

1. Upon the entry into force of this Act, all provisions of Glarus law inconsistent with it are hereby repealed.

Entry into Force

1 Entry into Force This Act shall enter into force on January 1, 1966.