Since January 1, 2018, with the introduction of the new sanctions law in Switzerland, community service is no longer a penalty but a mode of executing the sanction for:
Custodial sentences up to 6 months
Monetary penalties
Fines
Community service consists of work performed for social institutions, public utility organizations, or people in need, for example, in hospitals, medical-social institutions, or for municipalities. It is unpaid (Article 79a paragraph 3 CP) and is carried out during the offender’s free time.
Regarding its duration, paragraph 4 stipulates that four hours of community service correspond to:
One day of custodial sentence
One day-fine of monetary penalty
One day of custodial sentence substitution for a contravention
As for the maximum execution period, it has been set to two years for crimes and offenses, and one year for contraventions.
Conditions to benefit from community service:
Request by the person concerned
Absence of flight risk
Absence of risk of recidivism
No expulsion under Articles 66a and 66a bis CP
Authorization by the convicted person to inform the employer of the offense that led to the sanction
Guarantees regarding adherence to the framework conditions set by the executing authority and the contracting organization
If it is not performed, despite a warning, the executing authority will convert the community service into the original penalty initially pronounced by the judge (Article 79a paragraph 6 CP).
If you wish to obtain further information on this matter, the Valentin Legal Consultation will be happy to welcome you to our offices at 1 Rue du Valentin, 1004 Lausanne, to answer your questions. We can also be reached by phone at 021 351 30 00 and by email at info@cjdv.ch.
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