The penalty system has undergone far-reaching reforms over the last few decades. In the 2007 reform, the aim was to reduce prison sentences of less than 6 months (suspended and unsuspended). These were to be replaced by fines and community service. In the 2018 counter-reform, the aim was to reintroduce short custodial sentences in their entirety. In a publication, the FSO has assessed whether the objectives set by the legislator have been achieved by analyzing the impact of these reforms on judicial practice and the execution of sentences.
What's new?
In focus
At a glance
Adults
|
Convictions |
Convicted |
---|---|---|
Total1 |
103 156 |
93 693 |
By sex |
||
male |
* |
76 304 |
female |
* |
17 389 |
By act |
||
by SCC |
36 519 |
32 737 |
by RTA |
54 423 |
51 769 |
by NarcA (drug dealing) |
4 448 |
4 286 |
by FNIA |
15 355 |
13 585 |
Main sanction2 |
||
Custodial sentence |
14 523 |
* |
of which suspended |
6 598 |
* |
Monetary penalty |
88 354 |
* |
of which suspended |
71 569 |
* |
Single Fine |
127 |
* |
Single measure |
74 |
* |
Impact of sanctions law reforms on practice
One of the aims of the 2007 reform of the penal code was to reduce the number of prison sentences of less than six months. This objective was achieved, as these sentences fell from 52 000 in 2006 to less than 4 000 in 2007. They were mainly replaced by suspended monetary penalties. In the case of short suspended prison sentences, the figures remained very stable between 2007 and 2017. On the other hand, for short non-suspended prison sentences, the figures varied significantly between 2007 and 2017. Specifically, these figures fell sharply right after the introduction of the 2007 reform, then rapidly rose again: 11 515 convictions involving a short non-suspended prison sentence were pronounced in 2006; 3 649 in 2007; and 9 224 in 2013.
However, this development does not amount to a return to the old system of penalties (i.e. the one in force prior to the 2007 reform), but reflects the sharp increase in the number of convicted offenders without a B or C permit in the mid-2010s. In fact, for this category of offenders, as neither the pecuniary penalty nor community service could often be carried out, these sentences were often not even imposed. As a corollary to the increase, then decrease, in the number of the "transient" criminality, the number of short unsuspended prison sentences also increased, then decreased. Despite its spectacular impact on judicial practice, the 2007 reform has had only a very modest influence on prison entries. The hoped-for streamlining of the sentence enforcement system therefore failed to materialize: even though many people were sentenced to a pecuniary penalty from 2007 onwards, a large proportion of them ended up serving their sentence in a custodial institution (because they did not pay for the fines).
One of the aims of the 2018 counter-reform of the penal code was to once again authorize judges to make extensive use of short custodial sentences (suspended or unsuspended). In practice, however, there has only been a limited impact. As far as short suspended prison sentences are concerned, it was more likely that judges have been handing down a few again since 2018, but far fewer than in 2006 (40 682 in 2006 versus 874 in 2022). When it comes to short non-suspended custodial sentences, only Swiss citizens were more likely to be sentenced to these penalties from 2018 onwards. This is because the 2018 counter-reform abolished community service as a sentence; the Swiss who often benefited from it between 2007 and 2017 were then instead sentenced to short non-suspended prison sentences.
Publication to be downloaded in German or in French
Juveniles
|
Convictions |
Convicted persons |
Persons in |
---|---|---|---|
Total |
20 797 |
17 589 |
976 |
By sex |
|||
male |
* |
13 331 |
870 |
female |
* |
4 258 |
106 |
By act |
|||
by SCC |
8 171 |
7 478 |
* |
by RTA |
4 995 |
4 689 |
* |
by NarcA |
2 891 |
2 635 |
* |
Main sanction3 |
|||
Custodial sentence |
988 |
* |
* |
of which suspended |
605 |
* |
* |
Personal work |
6 258 |
* |
* |
of which suspended |
1 924 |
* |
* |
Fine |
5 688 |
* |
* |
Caution |
7 379 |
* |
* |
Single measure |
19 |
* |
* |
Exemption from punishment |
465 |
* |
* |
¹ For adults only felonies and misdemeanours are included, because contraventions are only recorded in the register of convictions as an exception.
² One main sanction is established per verdict and this is the only one shown in the table. For this reason sanctions are ranked according to their severity and only the most severe sanction is shown. A custodial sentence is considered to be the most severe sanction for minors, followed by personal performance, fines, cautions and lastly exemption from punishment. For adults, custodial sentence is considered to be the most severe sanction, followed by financial penalties, fines and measures.
³ For juvenile convictions felonies, misdemeanours and contraventions are taken into account.
SCC: Swiss Criminal Code
RTA: Road Traffic Act
NarcA: Narcotics Act
FNIA: Foreign Nationals and Integration Act
The statistics on criminal convictions and enforcement of juvenile sanctions (JUSAS) and the conviction statistics (adults) allow analyses to be made by conviction and by convicted persons. In addition to providing details on convicted persons, information is available on the offences and on the pronounced sanctions.
The JUSAS record since 2020 all juvenile sentences that have been pronounced on the basis of criminal offences under the Criminal Code or other federal laws with criminal provisions for a violation of any federal law containing criminal provisions. In addition, in the JUSAS, all stays in an institution or in a penal facility are recorded statistically if they were ordered under the juvenile criminal law.
These include pre-trial detention, precautionary protective measures (institutional observation, open or closed placement), protective measures stated in the judgment (open or closed placement) and imprisonment. In the course of the criminal investigation and the completion of sanctions, a placed person can have the type of placement changed. The evaluations cover one year and identify each person once for each type of placement. Figures from the juvenile conviction statistics (JUSUS) are available for the years 1999-2019 and are limited to the juvenile sentences according to the most important laws.
The conviction statistics (SUS) shows all convictions of adults recorded in the register of convictions which were pronounced on the basis of a felony or misdemeanour. Contraventions are not taken into account as these are only rarely entered in the register of convictions. The conviction statistics has existed in its present form since 1984.
Criminality indicators
The figures in the conviction statistics for minors and adults only partially convey criminality. Many offences are not reported to the police, not all offences are solved or end in a conviction.
Furthermore, with regard to the conviction statistics, not all sentences are recorded in the register of convictions. If a verdict is the result of a serious offence (felony or misdemeanour), it is, on principle, recorded in the register of convictions and therefore included in the conviction
statistics. If, however, a conviction is made solely on the basis of a contravention, then this is only rarely recorded in the register of convictions.
The conviction statistics do not, therefore, cover all convictions but only those due to the perpetration of a felony or misdemeanour. Under which conditions a verdict regarding a contravention is recorded, is legally determined in Art. 3 of the ordinance of 29 September 2006 on the register of convictions (VOSTRA ordinance).
Evaluation of the development of criminality
The VOSTRA ordinance was revised in 1992 and 2007. On each occasion, the changes had an impact on the number of convictions recorded in the register of convictions. For this reason, it is difficult to evaluate the trend in adult convictions from 1984 to 2015. It was therefore decided - in particular with regard to time series - to only take into account the verdicts made due to the perpetration of a felony and/or misdemeanour.
Despite the restriction to only these convictions, the evaluation of the development of criminality over time is only possible to a limited extent with the data from the conviction statistics. Victims' reporting behaviour can change over time, therefore influencing conviction numbers. Furthermore, the intensity of police controls may rise or fall depending on the priorities set. In particular in the area of road traffic and drug offences, such factors can effect the number of crimes reported and
thus influence convictions. The impact of revisions of laws and new forms of criminality should not be ignored either.
Completeness of data
Convictions are only recorded in the register of convictions once they are final. This can - in particular with serious offences - take some time due to appeals that may be made. For these reasons it takes several years until all convictions occurring in a given year are recorded in the register of convictions and appear in the statistics. The juvenile conviction statistics also contains only final verdicts.
This should be taken into account when interpreting data from the most recent survey years, in particular with regard to serious offence.
Further information
Tables
Selection: Tables on total of convicted persons
Selection: Tables relative to the main laws
Selection: Tables relative to the sanctions
Publications
Publication to be downloaded in German
Publication to be downloaded in French
Press releases
Statistical sources and concepts
Contact
Federal Statistical Office Section Crime and Criminal JusticeEspace de l'Europe 10
CH-2010 Neuchâtel
Switzerland