Whether a person in preventive detention, violence and sex offender gets output, whether a warden to have him accompanied, whether and how he can be released – a decision today by the cantons. You have closed in three Concordats together, each with their own set of rules.
Now wants to introduce the Federal Council for all the cantons, the minimum standards in the handling of highly dangerous offenders. A person in preventive detention will just have to get in the company output. And after the end of the sentence or measure, the cantons instructions to the location and nature of the probation should be able to arrange help, also foot shackles to the location of the place of stay are possible. A custody is pronounced in the case of offences such as robbery, murder, rape, or sexual acts with children, if there is a high risk of recidivism, and the offender as treatment resistant apply. An adaptation of the penal code, which has sent the Federal Council on Friday in the consultation, is to prevent that "in individual cases before dangerous offenders are released at the end of the sanction without appropriate care", as stated in a media release.
incidents in the West of Switzerland
In Zurich, it was called after these events from the West of Switzerland, would no longer be able to something after the fall of Erich happen Hauert. The serial killer and rapist was killed in the nineties, while the output is a boy scout leader. Thereafter, the Zurich prison system was reformed. "It's not all the cantons must first make such a mistake, before Switzerland to be widely adopted in the rules," says criminal law Professor and SP-councillor Daniel Jositsch. He is in favour of the proposals of the Federal Council as a kind of "base-level" to avoid the grossest errors. You should be aware that there is in this offender category of just a handful of cases in the whole of Switzerland, says Jositsch. However, uniform rules for the public safety and security may be important.
gap in the juvenile criminal law has led to killings
Frank Urbaniok, Professor of forensic psychiatry, in particular, is pleased that the Federal Council, the juvenile justice system will adjust. Today, a juvenile offender must be released with 25 years, even if he is considered dangerous. In the future, the authorities should be able to arrange in such cases, seamlessly, an adult measure. He would ask for more than 20 years, says Urbaniok. In extreme cases it had come in such cases to homicides. Daniel Jositsch is undecided whether it is legally possible, a youth directly in an adult measure to convert. He was going to watch this, he says.
Also want to check the Federal Council the so-called commissions, with the relaxations of the regime and dismissal of a second opinion. This System to look at is high time, says Urbaniok. He keeps the quality of the comments is not always convincing. In addition, there is a rule-of-law Problem, because the recommendations of the commissions were, in fact, decisions about the enforcement authority is unlikely to away could put.
Created: 06.03.2020, 22:36 PMUpdated Date: 06 March 2020, 22:00