Slight decline in adult convictions in 2017
In 2017, some 105 000 convictions pronounced against adults were recorded in the criminal records, i.e. 5% fewer than in 2016. The overall decline of 5% in adult convictions recorded in the criminal records that were pronounced for a felony or misdemeanour concerns offences under the Swiss Criminal Code (-7%), those under the Road Traffic Act (-4%) and under the Foreign Nationals Act (-6%) and the Narcotics Act (-8%).
Predominance of suspended financial penalties since 2007
Since the introduction of alternative penalties in 2007, fines have been the most common sentence (87% in 2017). A new sentencing law came into force on 1 January 2018. This revision of the Criminal Code established the preference for financial penalties, at the same time limiting their field of application. Although the financial penalty cannot exceed 180 daily penalty units (compared with 360 previously), it is unlikely that the 2018 revision will fundamentally change judges’ sentencing habits. Only 1% of financial penalties pronounced in 2017 were for more than 180 daily penalty units.
In the majority of cases, the financial penalty was accompanied by a suspension (81% in 2017). It should be noted that unsuspended financial penalties have risen however, from 11% in 2007 to 18% in 2017.
Temporary fall in short unsuspended custodial penalties in 2007
In 2006, the most common sentence was an unsuspended custodial penalty (62%). These were mostly suspended (in 75% of cases). Since 2007, with the introduction of alternative penalties, custodial penalties have never accounted for more than 14% of the penalties pronounced. They represented 11% in 2017. This penalty has mainly been pronounced without a suspension (in 64% of cases in 2007 and 72% in 2017).
With regard to short unsuspended custodial penalties (shorter than six months), the changes are more ambiguous: although the number of short unsuspended custodial penalties fell considerably between 2006 and 2007 (from 11 496 to 3 646), they rose between 2008 and 2013 (when there were 9 234, i.e. as many as in the early 2000s). Since 2014, a renewed downward trend has been observed. As the 2018 revision leans towards short prison stays, this trend will need to be watched carefully.
Community work sentences rarely pronounced
Since 2007, community work has never accounted for more than 5% of all penalties pronounced In fact, over the past eight years, the number of community work sentences has fallen continuously (-51% between 2009 and 2017). Community work sentences have, therefore, rarely been pronounced. With the 2018 revision, community work is no longer included in the list of penalties; it has become a way of enforcing certain sentences.
