Act on the Execution of Sentences and Measures for Adults (LEPM) (LEPM)

The Council of State exercises competence in matters concerning the execution of sentences and measures that are not attributed by law to other authorities.

The Council of State issues implementing regulations, in particular for

a) the execution of pecuniary penalties and fines;

b) the commutation of pecuniary penalties and fines into substitute custodial sentences;

c) the procedure concerning the preparation, execution, and conclusion of community service, custodial sentences, and measures, as well as the early execution of a sentence or measure;

d) the execution of custodial sanctions in state institutions, with particular reference to the rights and duties of convicted persons and those in pre-trial detention or protective custody;

e) the execution of rehabilitative assistance and rules of conduct;

f) the basic provisions for collaboration with private individuals in accordance with Article 379 of the Swiss Criminal Code of December 21, 1937 (SCC);

g) the participation of the convicted person in bearing the costs of execution in accordance with Article 380 SCC.

B bis . Supervisory Board

[2] 1 The Supervisory Board is composed of the Director of the Department of Institutions, who chairs it, the President of the Cantonal Criminal Court, the President of the Criminal Appeals and Revisions Court, the Public Prosecutor General, the President of the Office of the Coercive Measures Judge, and a member, designated by it, of the Parliamentary Commission for the Supervision of Detention Conditions.

2 In case of absence, the magistrates and the member of the Commission referred to in paragraph 1 may designate a substitute to represent their respective body.

3 The Supervisory Board generally meets four times a year and exercises general supervision over the prison facilities and the internal organization of the establishments.

4 The Director of the Division of Justice, the Director of Prison Facilities, and the Head of the Office for Rehabilitative Assistance participate in the meetings of the Supervisory Board in an advisory capacity.

[2] Art. introduced by Law of 18.10.2010; in force since 1.1.2011 - BU 2010, 517.

The Council of State designates the competent Department to order the execution of the penalty in accordance with Article 99 of the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters.

1. Benefits in favour of the detainee, both before and after conviction, such as medical assistance, spiritual assistance, psychiatric and psychological assistance, as well as education, are provided, wherever possible, by internal staff; in special cases, external specialists will be engaged.

2. Persons serving a sentence or a measure do not have the right to free choice of the persons providing such benefits.

The institute of rehabilitative assistance, according to Articles 93 and 376 CP, is ensured by the Council of State, which, by means of regulations, governs its organization and operating rules.

1 Once the conviction has become final, the investigating authorities and the courts shall make available to the enforcement authority designated by the Council of State, upon explicit request, all documents relating to the person concerned.

2 The personnel directly in charge of the execution of a sentence or a measure have the right to inspect the documents.

1 The following persons, upon explicit request, will be informed about the commencement of the execution of a sentence for a convicted person, any leaves of absence, placement, and release

a) victims of crimes committed by the convicted person, if the crimes themselves have damaged the victim's physical, sexual, or psychological integrity; they must be informed of the right to obtain such information;

b) other persons who demonstrate an interest in the information worthy of protection.

2 Convicted persons are not informed of this information.

1 The Cantonal Coordination Service for Criminal Records is attached to the Public Prosecutor's Office and carries out the tasks assigned to it by federal law.

2 The Council of State establishes by regulation the implementing rules concerning criminal records.

1. Sentences, decrees, and orders issued by authorities in criminal matters are enforceable throughout the Canton.

2. Their enforcement, unless otherwise provided, is the responsibility of magistrates, judicial officers, and police agents, when requested to do so.

3. For the enforcement of penalties imposed by federal or cantonal authorities, the provisions of Articles 356 et seq. of the Penal Code (PC) apply.

4. Custodial sentences, therapeutic measures, and internment are executed in institutions and sections of institutions designated for this purpose, in accordance with the provisions of federal law, the specific intercantonal agreement on the execution of sentences and measures for adults (Concordat), and the provisions relating to the Cantonal Penitentiary.

5. The Council of State is the competent authority for the execution of penalties and measures referred to in Articles 59, 60, 61, 63, and 64 PC.

[3] 1 The enforcement judge is competent to

a) …;

b) …;

c) prolong stationary therapeutic measures (Art. 59 para. 4 and 60 para. 4 SCC);

d) revoke stationary therapeutic measures and rule on the fate of the convicted person (Art. 62c para. 1-4 and 6 SCC);

e) prolong the probation period or outpatient treatment; to revoke, reorganize or prolong rehabilitative assistance; to amend conditions of conduct, to revoke them or to impose new ones (Art. 46 para. 4 and 62 para. 4-6 SCC);

revoke conditional suspension and order the reinstatement of the measure or internment (Art. 46 para. 4, 64a para. 3 and 95 para. 5 SCC);

f) prolong outpatient treatment and rule on the execution of the suspended sentence (Art. 63b SCC);

g) take all other decisions relating to the revocation of a stationary therapeutic measure, an outpatient therapeutic measure or internment, in particular those provided for in Art. 56 para. 6, 57 para. 3, 62c para. 6 and 63a SCC);

h) decide

– the initial placement of the convicted person (Art. 76 SCC);

– the initial placement in case of a measure (Art. 59, 60, 61 and 64 SCC);

– the granting of semi-detention, community service and electronic monitoring (Art. 67b, 77b, 79a and 79b SCC);

– the granting of the first leave;

– the transfer of the convicted person to an open section and the granting of external work and accommodation (Art. 77a SCC);

– derogations from forms of execution (Art. 80 SCC);

– the interruption of the execution of sentences and measures (Art. 92 SCC);

– other decisions that federal law reserves to the competent authority after the criminal judgment has become final;

i) take all decisions relating to conditional release from a stationary therapeutic measure (Art. 62 and 62d para. 1 SCC) or from internment (Art. 62d para. 2, 64a and 64b SCC);

j) take decisions relating to conditional release from a custodial sentence (Art. 86, 87 para. 1, 89 para. 3 and 95 para. 3-5 SCC);

k) issue the execution order and the arrest warrant against the convicted person;

l) exercise all other powers that federal law reserves to the judge after the criminal judgment has become final, excluding cases where federal law expressly assigns competence to the Court that pronounced the judgment or that must judge the new offense.

2 The enforcement judge may delegate the hearing of the convicted person to officials in the cases provided for in paragraph 1 letter k as well as in matters concerning the granting of semi-detention.

[3] Art. amended by L 22.1.2018; in force since 1.1.2018 - BU 2018, 93; previous amendment: BU 2010, 517.

1 In proceedings before the enforcement judge, the convicted person has the right to be heard and to examine the files; the latter faculty may only be denied if overriding public or private interests oppose it.

2 ... [4]

3 The enforcement judge decides upon application by the convicted person or the enforcement authority and, in cases provided for by law, ex officio. [5]

4 The enforcement judge decides after having gathered the necessary information from the management of the institution or other bodies regarding the person convicted to a custodial sentence, a stationary therapeutic measure, or internment.

[4] Para. repealed by the Law of 15.3.2011; in force since 1.1.2011 - RO 2011, 265.

[5] Para. amended by the Law of 18.10.2010; in force since 1.1.2011 - RO 2010, 517.

1 Against the decisions of the enforcement judge (Giudice dell’applicazione della pena), the convicted person and the Public Prosecutor's Office may file an appeal (reclamo) in accordance with Articles 393 et seq. of the Code of Criminal Procedure (CPP)

a) to the Court of Appeal and Criminal Revision (Corte di appello e di revisione penale) in the cases referred to in Article 10 paragraph 1 letter l;

b) to the Criminal Complaints Court (Corte dei reclami penali) in the cases referred to in Article 10 paragraph 1 letters c-k. [6]

2 Other decisions concerning the enforcement of sentences and measures may be directly challenged by an appeal (reclamo) to the Criminal Complaints Court (Corte dei reclami penali) of the Court of Appeal (Tribunale di appello) within 10 days; the procedure provided for in Articles 379 et seq. of the CPP shall apply by analogy.

[6] Para. amended by Law of 22.1.2018; in force since 1.1.2018 - BU 2018, 93; previous amendment: BU 2010, 517.

1 A Commission for the Examination of Dangerous Convicts is hereby established, which shall be appointed by the Council of State for a period of four years.

2 It shall be composed of a judge of the Cantonal Criminal Court, a public prosecutor, a representative of the Department of Institutions, a representative of the psychiatry sector, and a lawyer registered in the cantonal register; two substitutes shall be designated for each member. [7]

3 The Commission shall organize itself.

[7] Sub-para. amended by Act of 22.1.2018; in force since 1.1.2018 - BU 2018, 93; previous amendment: BU 2010, 517.

1 The Commission reports on the personality of the convicted person in cases provided for by federal law (Art. 62d para. 2, 64b para. 2, 75a para. 1 SCC and Art. 28 para. 3 DPMin). [8]

2 It intervenes upon request of the enforcement judge and the executing authority.

[8] Para. amended by L 22.1.2018; in force since 1.1.2018 - FF 2018, 93.

[9] Every judgment of the Criminal Court, the Correctional Court, the Court of Criminal Appeal and Revision, and of the judges of the Penal Magistrate's Court, and every indictment decree shall be transmitted, by the registry, to the Office of the Judge for Coercive Measures within three days of becoming final.

E. Preservation and consultation of records

[9] Art. introduced by L 18.10.2010; in force since 1.1.2011 - BU 2010, 517.

[10] **1** Files of criminal proceedings that do not result in a judgment by the court of first instance are kept by the Public Prosecutor's Office; those in which a substantive judgment has been rendered by the court and those concerning enforcement are kept by the competent enforcement authority. The Council of State determines the retention periods.

**2** The Public Prosecutor's Office decides on the consultation of files of concluded proceedings.

**3** The inspection of case files and the extraction of copies may be permitted to anyone who demonstrates a legitimate legal interest that outweighs the personal rights of the persons involved in the proceedings, particularly those of the parties, the complainant, witnesses, and experts.

**4** Decisions concerning the consultation of files may be appealed by complaint to the Criminal Complaints Chamber of the Court of Appeal within 10 days; the procedure provided for in Articles 379 et seq. of the Criminal Procedure Code (CPP) applies by analogy.

[10] Art. introduced by Law of 14.12.2015; in force since 5.2.2016 - BU 2016, 42.

[12] 1 The prohibition from exercising an activity must be communicated to the State Council.

2 The enforcement judge is the competent authority to decide on prohibitions, as well as on bans on contact and access to specific areas.

B. Art. 67e SCC [13]

[12] Art. amended by L 22.1.2018; in force since 1.1.2018 - BU 2018, 93.

[13] Marginal note amended by L 22.1.2018; in force since 1.1.2018 - BU 2018, 93.

[14] The prohibition from driving a motor vehicle must be communicated to the authority designated by the State Council.

[14] Art. amended by L 22.1.2018; in force from 1.1.2018 - BU 2018, 93.

The publications provided for in Articles 68 and 70 CP and by the CPP are made in the Official Gazette, unless otherwise ordered by the judge.

1 The revocation of the benefit of a conditional suspension of sentence under Article 46 CP is pronounced

a) by the Court or the judge trying the crime or offense committed during the probationary period;

b) by the enforcement judge in other cases.

2 The motion for revocation is filed by the public prosecutor in the case referred to in letter a of the first paragraph, and by the public prosecutor or the administrative authority responsible for sentence enforcement in the cases referred to in letter b of the first paragraph; the convicted person must be summoned to present their justifications. [15]

Entry into force: January 1, 2011 - RO 2010, 255.

Published in RO 2010, 255.

[15] Para. amended by L 18.10.2010; in force since 1.1.2011 - RO 2010, 517.