3 Criminal Law - Criminal Procedure - Execution - 35 Execution - 354 Intercantonal Agreements - FIRST Chapter Principles (GWA)

1. The conditions for granting community service (CS) are defined by Article 79a of the Criminal Code.

2. CS is admissible for custodial sentences, fines [3], and monetary penalties.

3. CS is not admissible if the fine or monetary penalty has not been paid and the enforcement of a substitute custodial sentence [4] has been ordered.

1. Community service must be carried out for the benefit of social institutions, public welfare projects, or individuals in need.

2. The convicted person performs their community service during their free time.

3. It is not remunerated.

1. Four hours of community service performed correspond to one day of imprisonment, one unit of pecuniary penalty, or one day of replacement custodial sentence in the case of a contravention.

2. If the penalty is imposed in months, one month is equivalent to thirty days, or 120 hours.

**1. Community Service is admissible subject to the condition that the sentence imposed or the total duration of simultaneous executable sentences:**

a) is less than or equal to 6 months; pre-trial detention or detention for security reasons is not taken into account in the calculation (gross principle) [6], or

b) exceeds 6 months but, considering the pre-trial detention or detention for security reasons, a maximum of 6 months remain to be executed (net principle) [7].

**2. For sentences with partial suspension, the non-suspended portion is decisive for the application of paragraph 1.**

If one or more remaining sentences are to be served following the revocation of parole, the following elements are decisive for calculating the duration of the sentence

a) the remaining sentence if the judge has not set a composite sentence in a new case;

b) the composite sentence if the judge has set a composite sentence in a new case.

[8] The following conditions must be met to qualify for community service (TIG)

g) assurances regarding compliance with the framework conditions set by the executing authority and the employing company.

[10] The Executing Authority

a) informs the convicted person of the terms of this form of execution;

b) sets a deadline for the convicted person to submit a request concerning this particular form of execution;

c) reviews the request of the convicted person and the attached documents;

d) contacts, if necessary, all competent authorities, particularly in the area of immigration law, to ensure the compatibility of this form of execution with the personal situation of the convicted person;

e) decides on the request and, if accepted, determines the location and commencement of the execution, as well as the conditions to which it is subject.

1. The convicted person must provide, upon request of the enforcement authority, all documents and information useful in support of their application.

2. In particular, the convicted person of foreign nationality shall submit a certificate of their right of residence in Switzerland.

1. If the convicted person does not meet the required conditions to benefit from this particular form of execution, the authority may grant them a period to request another form of execution.

2. This possibility is excluded in cases of abuse, non-compliance with the obligation to cooperate and communicate, non-observance of deadlines, submission of incomplete documents, as well as in the presence of circumstances that immediately exclude an alternative form of execution.

1. The authorization of community service (CS), as well as the agreement between the executing authority, the convicted individual, and the employer, shall specifically regulate

a) the nature and duration of the community service;

b) the community service engagement plan, including the commencement of the engagement and working hours;

c) the oversight of the community service, the reporting of non-compliance with the obligation to work, and the notification of the end of the engagement.

2. The convicted individual must perform a minimum of eight hours of community service per week.

3. The duration of travel and meal times shall not be considered in calculating the hours of community service performed.

1. If the convicted person realizes that they will not be able to comply with the set conditions, they must promptly inform the competent authority.

2. Furthermore, they must immediately inform the competent authority of any changes in their personal situation.

1. During the execution of community service, the authority ensures that the convicted person effectively performs their activity.

2. To this end, it takes all measures it deems useful. In particular, it may, at any time and especially, visit the activity site of the convicted person.

3. The authority may delegate its competence to another authority.

[11] 1 The accumulation of a substitute custodial sentence for a fine or monetary penalty during the execution of community service generally implies the interruption of the community service.

2. If the convicted person no longer fulfills the personal requirements for community service stipulated in Articles 4, 5, and 6 or if they renounce it, the community service is interrupted. The remaining custodial sentence is served in the ordinary manner or in the form of semi-detention, if they meet the conditions for it. If applicable, the monetary penalty or fine is recovered.

The authority to which the convict is subject may issue a warning to the convict who does not comply with the conditions inherent to the Community Service Order (CSO) or if, in any other way, he betrays the trust placed in him, particularly if he

c) does not comply with an obligation imposed on him.

1. If, despite a formal warning, the convict persists in their behavior, the authority upon which they depend may revoke the community service order and mandate, with immediate effect, the execution of the remaining sentence under the ordinary regime or in the form of semi-detention, if the conditions are met. Where applicable, the monetary penalty or fine is enforced.

2. In serious cases, the revocation may be ordered without prior warning.

1. The competent authority may, for serious reasons or as a precautionary measure, provisionally suspend community service.

2. In case of the remainder of a custodial sentence, the execution shall then immediately continue under the ordinary regime.

3. A decision on the merits is rendered within 10 days.

**If a criminal investigation is initiated against the convicted person, the execution of community service may be suspended or revoked.**

When multiple sentences have to be served, the community service performed is generally credited against the sentences that expire first.

1. The payments of fines and financial penalties are allocated according to the expressed wishes of the convicted person. In the absence of such a declaration, the authority chooses the option most favorable to the convicted person.

2. An exception to this rule is possible if the statute of limitations is near. In such cases, the allocation is applied to the fines or financial penalties that expire first.

The convicted person shall bear the costs related to the completion of community service, including travel expenses between their home and place of work, as well as meal expenses.

1. The person performing a Community Service Order (CSO) as an alternative to a custodial sentence may be granted parole according to the provisions applicable to parole for ordinary execution, with the following particularities

a) The execution data is calculated based on the hours of work performed, converted into days of execution;

b) The report from the facility's management is replaced by the work hours control sheet and, if applicable, the evaluation of the quality of the work.

2. The rules for parole do not apply to a CSO or the part of the CSO performed as an alternative to the payment of a fine or monetary penalty.

1 The present regulation comes into force on January 1, 2018.

2. The Conference invites the governments of the cantons of Latin Switzerland to adapt their cantonal regulations regarding the execution of a sentence in the form of community service.

3. The present regulation is also applicable to sentences that were pronounced before it came into force, but whose execution has not yet begun.

It is published on the website of the Conference and by each canton [12] according to their own procedures.