Parliament against systematic detention of repeat offenders
Published: Thursday, Jun 6th 2024, 09:20
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Parliament does not want systematic detention for repeat offenders of serious crimes. The National Council has followed the line of the Council of States on the revision of the penal code. The maximum penalty for murder in juvenile criminal law is still controversial.
On Thursday, the Grand Chamber maintained a significant difference with the Council of States on the reform of the Juvenile Penal Code. The decision was made by 127 votes to 63 with one abstention. The left wing of the Council wanted to follow the Council of States.
The National Council has decided to increase the possible custodial sentence for murderers aged 16 and over from four to six years. At the same time, the National Council decided that a sentence of at least four years' imprisonment would be a prerequisite for a reservation of custody.
On the other hand, the Council of States decided at the request of its Legal Affairs Committee that there should be no adjustment to the sentencing ranges in juvenile criminal law as part of the current bill. Rather, the issue should be discussed in more detail at a later date. Justice Minister Beat Jans also pointed out on behalf of the Federal Council that there were already several motions pending on the question of whether juvenile sentences in Switzerland are currently too lenient.
The Council of States is now once again dealing with the last remaining difference in the bill.
No automatic custody
With regard to the detention of adult repeat offenders, the National Council agreed with the decision of the Council of States. Accordingly, the conditions for systematic detention should not be extended to persons who have committed murder, intentional homicide or rape for the second time.
The majority argued that such automatism would not be compatible with the European Convention on Human Rights (ECHR). The new rule could also mean that treatable offenders would not receive treatment.
A majority in parliament argued that this would make offenders even more dangerous in case of doubt. The SVP minority countered that a repeat offense justified this protection against the most dangerous offenders. The decision against automatic detention was made by 120 votes to 70.
Unaccompanied leave canceled
The actual core point of the revision was no longer up for discussion on Thursday. Parliament had already decided some time ago that in future, people who have committed murder as juveniles should also be detained as a last resort.
This concerns persons who committed murder as minors after their 16th birthday. After the juvenile criminal sanction, there must be a serious risk that they will commit another such offense. The Juvenile Penal Code does not currently provide for a purely security measure to protect third parties.
In addition, the councils decided that in future, prisoners in closed detention will no longer be allowed to go on vacation unaccompanied. Furthermore, in future, conditional release from custody will only be reviewed ex officio every three years if it has previously been rejected by the competent authority at least three times in a row.
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