Criminal Law Division

Criminal Law and Law of Criminal Procedure Unit
International Criminal Law Unit
Execution of Sentences and Measures Unit
Swiss Criminal Records Unit

Criminal Law and Law of Criminal Procedure Unit

One of the main tasks of the Criminal Law and Law of Criminal Procedure Unit is to draft proposals for amendments to the Swiss Criminal Code (Strafgesetzbuch, StGB) and also to the Juvenile Criminal Law Act (Jugendstrafgesetz, JStG). In doing so, it must weigh up what criminal law can achieve and where its boundaries lie – whether a planned penal provision will have the desired controlling effect or whether it might produce unintentional side-effects. The Unit is also responsible for amendments to the Swiss Criminal Procedure Code (Strafprozessordnung) and the Juvenile Criminal Procedure Code (Jugendstrafprozessordnung), as well as to the Criminal Justice Authorities Act (Strafbehördenorganisationsgesetz).

Furthermore, the Unit reviews both formal and material criminal provisions in the legislative projects of other offices and agencies (law on secondary penalties), draws up expert opinions on criminal law and the law of criminal procedure, and prepares the Federal Council's reports on pardon applications for presentation to the Federal Assembly.

International Criminal Law Unit

This Unit participates in international negotiations on conventions and other instruments of international criminal law, and deals with the integration of these instruments into Swiss law. Issues with which the Unit is concerned include corruption, money laundering, organized crime (including the trading and trafficking of people), terrorism and follow-up measures to the International Criminal Court’s Rome Statute (codification of war crimes and crimes against humanity). It is responsible for the definition and coordination of the Swiss Confederation’s international criminal law policy, provides Swiss authorities with information about foreign criminal law on request, and informs foreign authorities about Swiss criminal law.

Execution of Sentences and Measures Unit

The Execution of Sentences and Measures Unit is responsible for implementing the Federal Act on Federal Subsidies for the Execution of Sentences and Measures. It provides grants and subsidies for the construction, renovation and expansion of institutions in which adults can serve their sentences, and of educative institutions for children and young adults. It also contributes to the operating costs of educative institutions for children and young adults on the basis of certain criteria. Furthermore, the Unit funds pilot projects for developing and testing new methods and concepts relating to the enforcement of sentences and measures and to juvenile support, and co-finances the Swiss Competence Centre for the Execution of Criminal Penalties. It is also involved within various bodies in co-ordinating the enforcement of sentences and measures.

Swiss Criminal Records Unit

Swiss Criminal Records operates the VOSTRA criminal records information system. VOSTRA is an aid to the federal and cantonal authorities in fulfilling various tasks, for example in criminal proceedings, in the execution of sentences and measures, in the field of child and adult protection, and in assessing eligibility for asylum or for Swiss citizenship. On request, the Private Individuals Section will issue a private extract and a special private extract.

VOSTRA contains records of persons who have been convicted of criminal offences in Switzerland and of Swiss nationals convicted abroad. It records convictions handed down in Switzerland against adults for felonies and misdemeanours, provided the judgment involves a penalty or measure, as well as convictions for less serious offences where a fine of more than CHF 5,000 is imposed. Pending criminal proceedings are also recorded. Special rules apply to the recording of foreign convictions and convictions of juveniles. Records of convictions are removed automatically after a certain period prescribed by law; the removal periods depend on the sanction imposed and cannot be shortened. VOSTRA also keeps a record of adults facing criminal proceedings in Switzerland for felonies and misdemeanours under federal law. Pending criminal proceedings against juveniles are only recorded in exceptional cases.

Note

For the complete documentation see the pages in German, French or Italian.