Legislator · Canton of Nidwalden — Cantonal Legislation
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263.31 CH-NW

Convention Concerning the Training of Prison Staff

8 Articles / Provisions · Canton of Nidwalden — Cantonal Legislation
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Table of Provisions (8)

Statutory Text (8 Provisions)

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1. According to Article 3, Section 2 of the Charter of the Swiss Training Center dated February 10, 1977, each canton shall pay a contribution of CHF -.35 per day of stay in its institutions.

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1. The following are to be considered as days of detention

a) pre-trial detention (Art. 100 para. 7 of the Swiss Criminal Code);

b) penal servitude and imprisonment (Art. 35, 36, and 37bis of the Swiss Criminal Code);

c) custodial sentences (Art. 39 of the Swiss Criminal Code);

d) forms of execution such as semi-custodial sentences and day-by-day execution (Ordinance (1) to the Swiss Criminal Code of November 13, 1973, Art. 4);

e) the conversion of a fine into detention (Art. 49 para. 3 of the Swiss Criminal Code);

f) measures according to Art. 42, 43, 44, and 100bis of the Swiss Criminal Code;

g) the detention of persons who are on their way to a correctional facility.

2. If the aforementioned sentences and measures are not carried out in institutions staffed with prison officers, they cannot be considered for the calculation of the days of detention.

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1. The cantonal contribution for the current year shall be calculated based on the number of days of stay that preceded the previous year.

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1. The cantonal contributions shall be paid in three installments: January 31, April 30, and August 31.

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1. The Conference of Heads of the Departments of Justice and Police is authorized, upon the proposal of the School Board, to either reduce the contribution for days of stay or to increase it up to a maximum contribution of CHF -.50.

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1. The maximum contribution mentioned in clause 5 is adjusted annually on January 1st, according to the development of the federal cost index as of the end of November of the previous year.

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1. This Convention is valid until December 31, 1983. It can be terminated by the parties within a period of 2 years at the end of the contract duration. If the Convention is not terminated, it automatically extends for a period of 5 years.

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1. Difficulties arising from this Convention that cannot be resolved by the parties in a peaceful manner shall be referred to an arbitral tribunal, to the exclusion of ordinary jurisdiction.

2. The parties agree to submit to the arbitral decision, which shall also determine the amount of costs and expenses. From the moment a party requests it, each of them must appoint an arbitrator within 30 days. These arbitrators will appoint a neutral person to serve as the chief arbitrator. If the parties cannot decide on the selection of an arbitrator within 30 days, or if one of the parties fails to appoint an arbitrator, the President of the Federal Court will make the necessary appointment. The seat of the arbitral tribunal is in Bern.

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