Convention concerning the expenses for the execution of penalties and other measures

These are considered penalties within the meaning of the present concordat: custodial sentences imposed in application of Articles 35, 36 and 39, 87 and 95 of the Swiss Penal Code (SPC) of December 21, 1937.

In accordance with Article 374 of the Swiss Penal Code, these penalties are executed by the Canton where the sentence was pronounced. The case where the convicted person is placed, by virtue of an agreement, in an institution of another Canton (system of boarders) remains reserved.

Regardless of the Canton or country of origin and the domicile of the convicted person, each Canton shall bear the costs of executing custodial sentences pronounced by its authorities. Subject to other agreements, the Canton in which the sentence is executed cannot demand reimbursement of expenses from the Canton of origin or domicile.

The measures within the meaning of this concordat are considered to be the internment, care, and hospitalization of irresponsible or partially responsible offenders (Arts. 14 and 15 CPS), security measures (Arts. 42 to 45 CPS), the placement of children and adolescents in an educational home or a family, the special treatment of children and adolescents, and the further transfer of adolescents to a correctional facility (Arts. 84, 85, 91, 92 and 93, second paragraph, CPS).

Every measure is executed by the Canton in which it was ordered (adjudicating Canton).

However, the Canton of origin and, if it must contribute to the costs, the Canton of residence have the right to execute the measure themselves. If both Cantons intend to proceed with the execution, the right belongs to the Canton that must bear the larger portion of the costs or, if the sums are equal, to the Canton of origin.

The costs of measures taken for Swiss citizens are distributed as follows between the adjudicating Canton, the Canton of origin, and the Canton of residence

1. When the pronounced sentence is replaced by a measure or its execution is suspended because a measure has been ordered (Art. 14, second paragraph; Art. 15, second paragraph, and Arts. 42 to 45 SCC), the adjudicating Canton alone bears the costs of the measure for the duration of the pronounced sentence. It does not bear the costs incurred by the internment of irresponsible persons (Arts. 14 and 15 SCC) or by the internment of children and adolescents (Arts. 84, 85, 91, and 94, second paragraph, SCC).

2. The costs of measures that are not borne by the adjudicating Canton, when the latter is not the Canton of origin or residence, are borne by the Canton of origin and the Canton of residence in proportion to the time during which the interned person resided in the Canton of residence, specifically

a) if the duration of residence is less than 4 years, the Canton of origin alone bears all costs;

b) if it is from 4 to 10 years, the Canton of residence bears one quarter of the costs;

c) if it is from 10 to 20 years, the Canton of residence bears half of the costs;

d) if it is over 20 years, the Canton of residence bears three quarters of the costs.

However, the Canton of residence is not obliged to bear the costs when it has withdrawn the right of residence from the person subject to the measure, in accordance with Art. 45 of the Federal Constitution, either due to a criminal judgment pronounced against them, or due to their permanent indigence.

In matters of internment, the Canton of residence is not obliged to participate in the costs for more than two years if the duration of the convicted person's residence is less than 10 years; for more than 5 years if it is less than 20 years, and for more than 10 years if it is longer.

If a Canton participates in the execution for various reasons, it is obliged to contribute to the execution costs for each of these reasons (as adjudicating Canton, Canton of origin, or Canton of residence).

If a measure is to be followed by the execution of all or part of the suspended sentence, this execution will, as a rule, take place in the judging Canton, even if the Canton of origin or residence had undertaken to execute the measures. In individual cases, however, the Cantons may agree upon different rules among themselves.

The costs of executing a sentence that follows a measure are apportioned among the interested Cantons as if the measure were still being executed.

Subject to contrary provisions of international conventions, the judging Canton shall bear the costs of measures taken in respect of foreigners.

The Canton of which the convicted person or the internee was a citizen on the day the sentence became legally final is obliged to contribute to the expenses as the Canton of citizenship.

If the convicted person or the internee is a citizen of several Cantons, the Canton of citizenship is determined in accordance with Article 22 of the Civil Code.

The Canton in which the convicted person or the internee had resided stably for at least four years before the day on which the judgment became legally binding is obliged to contribute to the expenses as the Canton of residence.

If the convicted person or the internee was under arrest before the day on which the judgment became legally binding, the Canton of residence is determined according to the day on which the arrest was ordered.

For married women and minors, the duration of residence and the Canton of residence are determined independently. [1]

[1] New text of the paragraph approved by the Federal Council on 11.2.1948 - RO 1948, 196.

The duration of residence is calculated starting from the day on which the legitimization documents of the convicted person were deposited with the police, unless it is ascertained that the residence began earlier or later.

The duration of residence does not include the time spent by a convicted person in an institution located outside the Canton of residence to serve a sentence or a measure there, or to be hospitalized, treated, or cared for there. This time will nonetheless count as residence when the stay outside the Canton was ordered by a judgment or an administrative decision of the Canton of residence, or when the judgment or decision of another Canton is executed in an institution of the Canton of residence.

If the convicted person had previously resided in the Canton of their current residence, the duration of the previous residence counts, for the apportionment of costs, if it continued uninterruptedly for at least ten years and the absence did not exceed two years.

The enforcement costs are calculated according to the price customarily charged for boarders in the Canton, citizens, and residents.

The price for boarders must not excessively exceed that fixed for citizens of the Canton.

Costs for clothing, equipment, and medical care may also be included in the enforcement costs.

The Canton in which a judgment or decision ordering a measure has been pronounced must communicate the judgment or decision to the Canton of origin and the Canton of residence, within twenty days at the latest from the moment it has become legally binding.

It shall indicate, in its communication, where it intends to execute the measure and shall request the Canton of origin and the Canton of residence to notify it if they intend to take charge of the execution.

Concurrently, it shall submit its proposals regarding the apportionment of costs, based on its findings concerning the origin and residence of the convicted person.

The Canton of origin and the Canton of residence that intend to assume enforcement must provide notification within 20 days from the notification of the judgment or decision.

The Canton that fails to make the declaration within this period forfeits the right.

If the adjudicating Canton does not recognize the claim to assume enforcement, notified in due time, it must immediately communicate this to the interested Canton, referring to Art. 22.

The Canton of origin and the Canton of residence must make known, within the same period of twenty days (Art. 13), any objections they may have against the apportionment of expenses.

Upon receipt of communication of the objections or once the specified period has expired, the adjudicating Canton must notify them of its claims, referring to Art. 22.

The Canton responsible for the execution of a measure shall, at its own expense, provide for the transfer of the individual from one Canton to another.

The adjudicating Canton shall ensure that the individual is suitably placed for the time between the issuance of the judgment or decision and the execution of the measure. The costs of such placement shall form part of the costs of executing the measure.

The measures are executed in accordance with the provisions in force in the Canton that applies them.

Nationals of other Cantons must not be treated differently from those of the Canton concerning personal belongings, sustenance, and regime.

The subsequent decisions that the Swiss Penal Code reserves for the competent authority or the judge (definitive or conditional release, remand to the institution, patronage, subsequent execution of the sentence, etc.) must be taken by the authority of the judging Canton.

The Canton that has assumed responsibility for the execution must present an annual report on the execution to the competent authority of the judging Canton and communicate to it, or to the judge of the judging Canton, the information necessary for making the decisions provided for in Article 17.

As a general rule, the guardianship belongs to the Canton where the measure is executed. If the person subject to guardianship transfers their residence to another Canton, or returns to their previous place of residence, the guardianship passes to the new Canton.

Unless otherwise agreed, the costs are borne by the Canton where the measure was first executed.

In all cases provided for by this concordat, the adjudicating Canton shall present to the interested Cantons the accounts for all enforcement costs, even if certain measures (such as patronage) are carried out in another Canton.

The accounts shall be settled at the end of the enforcement, unless the interested Cantons agree on periodic partial settlements when it concerns extended measures.

In every signatory Canton, the Government exercises high supervision over the application of the concordat.

It designates the authorities responsible for its execution and for relations with the other Cantons.

Against any decision taken by a Canton concerning the application of the present concordat and communicated to another Canton with express reference to this article, an appeal may be lodged with the Federal Department of Justice and Police within ten days of receipt of the communication.

If the decision directly affects a third Canton, the latter must be considered ex officio as a party to the dispute.

The Federal Department of Justice and Police may, by means of a provisional decision, prescribe what must be done or omitted in the procedure.

It is not bound by the conclusions of the parties and may require them to provide supplementary information, clarifications, or the production of other justificatory documents, irrespective of the burden of proof.

It shall rule definitively (subject to Art. 23) and without costs.

Cantonal decisions that none of the interested Cantons has referred to the department within the prescribed period shall be considered as admitted.

A case that has been the subject of an executable decision may be brought into question again when, from facts discovered after this decision or from evidence that could not previously be adduced, it manifestly appears that the decision is due to error.

For those belonging to the concordat Cantons, the public law appeal provided for in Article 175, number 3, of the Federal Law on Judicial Organization is reserved.

The Federal Department of Justice and Police shall, as needed, convene conferences of the departments responsible for the execution of sentences and measures in the concordat Cantons. These conferences may address questions relating to the interpretation and application of the present concordat and regulate them with decisions taken by a majority vote.

The Federal Council shall determine the date of entry into force of this concordat.

It shall likewise determine the date from which the concordat shall take effect for the Cantons that subsequently accede to it.

The concordat is not applicable to judgments that have already become enforceable at the time of its entry into force or at the time the concordat takes effect for the Cantons that subsequently accede to it.

Every concordat canton has the right to withdraw from the concordat on January 1 of each year by giving six months' notice.

Communications regarding accession and termination must be made to the Federal Council, which shall notify the concordat cantons thereof. [2]

Published in AS 1945, 40.

[2] The following cantons have acceded to the Concordat (as of 1.7.1984): Zurich, Bern, Lucerne, Uri, Schwyz, Obwalden, Nidwalden, Zug, Solothurn, Basel-Stadt, Basel-Landschaft, Schaffhausen, Appenzell Innerrhoden, Appenzell Ausserrhoden, St. Gallen, Graubünden, Aargau, Thurgau, Ticino, Vaud, Neuchâtel, Jura. Accession of the Canton of Ticino by Federal Decree of 19.2.1945, AS 1945, 39.