Execution of detention sentences in administrative penal law

General information on the execution of sentences

A prison sentence can be executed in the following places: In the detention facility

  • of the authority which has made the decision in the first instance or to which the enforcement of the sentence has been transferred,
  • the district administrative authority or the Provincial Police Directorate nearest to the permanent residence of the person sentenced,
  • the local competent court detention facility in accordance with the permanent residence of the person sentenced.

Sentenced persons who are at large and do not start serving the term immediately, shall be summoned to begin serving the term within a reasonable period. If there is an important reason (e.g., the immediate execution of the prison sentence would jeopardize the possibility of the person sentenced to earn his/her living, or the necessary maintenance of persons entitled by the law to be supported by him/her; urgent matters concerning relatives must be taken care of) the enforcement of the sentence can be postponed or suspended at the request of the person sentenced.

Advice

During pregnancy or in the event that the sentenced person has given birth, the commencement of the execution of the sentence shall be postponed until expiry of the eighth week after the birth and beyond that, until the child is no longer in the care of the sentenced person; unless the sentenced person requests execution. However, the postponement may last at most until the expiry of one year after the childbirth.

Conditions of detention

In administrative penal detention, the provisions on day-to-day detention are geared towards a shorter period of detention than in the judicial penal system:

  • Detainees may wear their own clothes.
  • They may engage in adequate activities without being obliged to do so.
  • As a rule, they may eat their own food.
  • They may receive visitors within office hours.
  • They are to be kept separate, to the extent possible, from prisoners who are not detained under the Administrative Penal Act.
  • Their correspondence must not be subject to restrictions, but only monitored by random checks.

Costs

Detainees shall contribute to the costs of the penal system for each day of imprisonment. This obligation to reimburse costs shall, however, be waived for each day on which the detainee performs useful work in the interest of a local authority, or insofar as he or she is not guilty of gross negligence in not performing such work. The contribution to costs shall be imposed by notice after the end of the term of imprisonment unless the amount is readily paid or is manifestly uncollectible.

Not certified translation
Last update: 18 March 2022

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