Sanctions and pre-trial detention

Information on penalties and measures has been available since 1999 for minors and since 1984 for adults. Data are available for adults for pre-trial detention.

The following sanctions can be imposed under juvenile law: Custodial sentence, personal performance (community service), fines or a caution. An exemption from punishment can also be pronounced. The following measures can be imposed: placement in a closed or open institution, outpatient treatment, individual care and supervision.

Sanctions for adults are: Custodial sentence, financial penalty, community service and fines. Thefollowing measures can be imposed: Indefinite incarceration and in and outpatient treatment of mental disorders or addictive behaviour. For young adults who were under 25 at the time of committing the offence, the Penal Code provides the possibility of placement in an institution for young adults.

Main sanctions, measures and pre-trial detention 2018 - 2019
 

Minors1

Adults2

 

2018

2019

2018

2019

Total convictions with main sanction3

13 875

14 773

108 755

105 371

Custodial sentence / custodial sanction

811

846

14 431

14 339

unsuspended

266

254

8 487

7 753

partially suspended

34

56

733

712

suspended

511

536

5 211

5 874

Financial penalty

*

*

94 005

90 851

unsuspended

*

*

17 698

17 717

partially suspended

*

*

209

32

suspended

*

*

76 098

73 102

Personal performance / community service

5 724

6 349

160

17

unsuspended

4 595

5 053

119

10

partially suspended

653

636

7

2

suspended

476

657

34

5

Fine only

2 963

3 022

89

99

unsuspended

2 578

2 655

*

*

partially suspended

108

112

*

*

suspended

277

255

*

*

Caution

3 958

4 043

*

*

Measures only

31

26

70

65

Exemption from punishment

388

487

*

*

Verdicts with provisional pre-trial custody

61

49

20 044

18 648

of which up to 2 days

*

*

15 223

14 151

Total verdicts with measures

445

472

454

438

indefinite incarceration

*

*

8

2

inpatient measures

60

62

194

180

outpatient measures

385

410

262

261

expulsion

*

*

1 775

1 980

¹ For juvenile convictions felonies, misdemeanours and contraventions are taken into account.
² For adults only felonies and misdemeanours are included, because contraventions are only recorded in the register of convictions as an exception.
³ 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, community service, fines and measures.
Sources:
Statistics on criminal conviction of minors (JUSUS), state of the database: 05.06.2020
Criminal conviction statistics (SUS), state of the Register of Criminal Conduct: 31.05.2020
Main sanctions, measures and pre-trial detention 2017 - 2018

 

Minors1 Adults2
  2017 2018 2017 2018
Total convictions with main sanction3 13 721 13 787 107 932 107 030
Custodial sentence / custodial sanction  792  811 11 926 13 957

unsuspended

 214  265 8 594 8 248

partially suspended

 57  34  806  698

suspended

 520  512 2 526 5 011
Financial penalty * * 93 605 92 769

unsuspended

* * 16 805 17 489

partially suspended

* *  987  204

suspended

* * 75 813 75 076
Personal performance / community service 5 738 5 685 2 232  156

unsuspended

4 701 4 563  874  116

partially suspended

 558  646  111  6

suspended

 478  476 1 247  34
Fine only 2 718 2 945  99  85

unsuspended

2 341 2 566 * *

partially suspended

 106  106 * *

suspended

 271  273 * *
Caution 3 970 3 930 * *
Measures only  26  28  70  63
Exemption from punishment  477  388 * *
Verdicts with provisional pre-trial custody  153  77 19 995 19 544

of which up to 2 days

* * 14 896 15 001
Total verdicts with measures
 412  437  504  413

indefinite incarceration

* *  6  7

inpatient measures

 63  51  233  183

outpatient measures

 349  386  270  233

expulsion

* * 1 102 1 702
¹ For juvenile convictions felonies, misdemeanours and contraventions are taken into account.
² For adults only felonies and misdemeanours are included, because contraventions are only recorded in the register of convictions as an exception.
³ 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, community service, fines and measures.
Sources:
Statistics on criminal conviction of minors (JUSUS), state of the database: 24.05.2019
Criminal conviction statistics (SUS), state of the Register of Criminal Conduct: 20.05.2019

Expulsion under Art. 66a SCC

The statistics on criminal convictions of the Federal Bureau of Statistics are elaborated based on the entries of the final convictions in the Swiss Convictions Register (VOSTRA). Expulsion is recorded in VOSTRA together with other sanctions (sentences and measures) and is therefore part of the criminal justice statistics.
A table with the pronounced expulsion is elaborated from this data. It contains information on the type and duration of the expulsion as well as on the characteristics of the convicted person such as gender, age and residence status.

The Federal Bureau of Statistics has developed a calculation method for the application rate of the mandatory expulsion. For all convictions of offenses under Article 66a of the Criminal Code and for which a mandatory expulsion should be ordered, it is shown whether an expulsion has been pronounced or not. Since 2019, this has been possible for all offenses in the catalog of Article 66a. The application rates show breakdowns by the characteristics of the person and the sentences. Cantonal data are also available:

Before 2019, the application rate was not calculated for all offenses in the catalog of Article 66a, as theft in conjunction with unlawful entry (Art. 66a d), fraud related to social benefits or liabilities in respect of administration services and charges (Art. 66a e and f) and fraud in relation to administrative services and charges as mentioned in Article 14 of the Administrative Criminal Law could not be separated in the convictions statistics. Nevertheless, these results were calculated and made available for the years 2017-2019. Here, the application rates also show breakdowns by the characteristics of the person and the sentences. Cantonal data are available:

A publication on the application rate’s calculation and an analysis of factors increasing the risk for expulsion were based on the data from 2017.

Figures showing the nationalities of those sentenced to expulsion are available for 2017 and 2018.

Further information

Tables

Tables on adult sanctions

Tables on juvenile sanctions

Publications

Publication to be downloaded in german

Publication to be downloaded in french

Press releases

Tables classified by themes

Historical data

Statistical sources and concepts

Contact

Federal Statistical Office Section Crime and Criminal Justice
Espace de l'Europe 10
CH-2010 Neuchâtel
Switzerland

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