Swiss Criminal Code (SCC)

Art. 387SCC from 2022

Art. 387

¹ The Federal Council has the power after consulting the cantons to enact provisions on:

a.

the execution of cumulative sentences, supplementary sentences and cases where two or more individual sentences are executed simultaneously;

b.

the assignment of the responsibility for executing sentences and measures to another canton;

c.

the execution of sentences and measures imposed on persons suffering from illness or invalidity, or elderly persons;

d.

the execution of sentences and measures in cases under Article 80 involving women;

e.

the wages paid to prison inmates in accordance with Article 83.

^1bis The Federal Council enacts the required provisions on the establishment of the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration (Art. 64c para. 1) relating to the appointment of members of the Commission and their remuneration, procedures and the organisation of the Commission.⁵⁸⁰

² The Federal Council may at the request of the responsible cantonal authority issue special provisions on the separation of the institutions of the Canton of the Ticino.

³ The Federal Council may provide that data removed from the register of criminal convictions be preserved for research purposes; if such data is preserved, the privacy of the persons concerned must be protected and the principles of data protection must be complied with.

⁴ The Federal Council may by way of a trial and for limited time:

a.

introduce or permit new penalties and measures as well as new forms of execution and modify the scope of application of existing sanctions and forms of execution;

b.

introduce or permit the delegation of the execution of custodial sentences to privately run institutions that satisfy the requirements of this Code relating to the implementation of sentences (Art. 74–85, 91 and 92). These institutions are subject to the supervision of the cantons.

⁵ The cantonal implementing provisions for the trial of new sanctions and forms of execution and the execution of sentences by privately run institutions (para. 4) require the approval of the Confederation in order to be valid.

⁵⁸⁰ Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 2961 2964; BBl 2006 889).