Sentences of imprisonment have dramatic consequences on the convicted person's future career.
Swiss law allows a person sentenced to imprisonment to serve their sentence in several ways while maintaining their employment.
I. Electronic Monitoring (Art. 79b of the Swiss Penal Code)
The first alternative is electronic monitoring (Art. 79b of the Swiss Penal Code). This method of execution allows the convicted person to serve their sentence outside of prison and thus continue their professional activities.
This method of execution requires that the convicted person:
Has been sentenced to a prison term of less than 12 months;
Does not present a risk of flight or a risk of reoffending;
Has a stable residence;
Has regular activity of at least 20 hours per week, such as work, training, or specific occupation.
If these conditions are met, the convicted person may benefit from electronic monitoring instead of imprisonment.
II. Community Service (Art. 79a of the Swiss Penal Code)
The second alternative is community service (Art. 79a of the Swiss Penal Code). This method allows the convicted person to perform community service instead of serving a prison sentence. The conversion of a prison sentence into community service is as follows: 1 day of imprisonment = 4 hours of community service. For example, a person sentenced to 6 months in prison must perform 720 hours of community service. Community service is typically carried out on Saturday mornings for the benefit of the community.
This method of execution requires that the convicted person:
Has been sentenced to a prison term of less than 6 months;
Does not present a risk of flight or a risk of reoffending.
If these conditions are met, the convicted person may benefit from community service instead of imprisonment.
III. Semi-Detention Regime (Art. 77b of the Swiss Penal Code)
The last alternative is the semi-detention regime (Art. 77b of the Swiss Penal Code). This method allows the convicted person to work during the day outside of prison while spending their rest and free time within the penitentiary facility.
This method of execution requires that the convicted person:
Does not present a risk of flight or a risk of reoffending;
Has regular activity of at least 20 hours per week, such as work, training, or specific occupation.
If these conditions are met, the convicted person may benefit from the semi-detention regime.
Thus, if you have been sentenced to imprisonment and wish to benefit from one of the three alternatives mentioned above (electronic monitoring, community service, or the semi-detention regime), we would be happy to assist you with your procedures (www.cjdv.ch and/or 021 351 30 00).
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