NCJ Number
55012
Journal
SCHWEIZERISCHE ZEITSCHRIFT FUER STRAFRECHT REVUE PENALE SWISSE Volume: 1 Issue: 95 Dated: (1978) Pages: 82-96
Date Published
1978
Length
15 pages
Annotation
THE SWISS USE OF SUSPENDED SENTENCES IS CONTESTED IN THIS ARTICLE WHICH INTRODUCES DISCUSSION ON SENTENCE SPLITTING.
Abstract
IN SWITZERLAND, ONCE A SUSPENDED SENTENCE IS PRONOUNCED, IT IS IMPOSSIBLE UNDER EXISTING LEGISLATION TO REVOKE IT IF THE OFFENDER IS DELINQUENT; THE OFFENDER MUST BE TRIED AGAIN AND RESENTENCED. MANY SWISS JUDGES WISH TO CHANGE THIS SITUATION BY OFFERING A SPLIT SENTENCE IN WHICH THE DEFENDANT SERVES A TOKEN AMOUNT OF TIIME IN PRISON (AS A PUNISHMENT DEVICE) AND THEN IS RELEASED ON PAROLE (SURSIS PARTIEL) WITH VARYING DEGREES OF SURVEILLANCE. THE STRONGEST ARGUMENT AGAINST THIS PRACTICE IS THAT SURSIS, OR SUSPENDED SENTENCING, WAS DEVELOPED TO COMBAT SUCH SHORT IMPRISONMENTS AND TO PROTECT FIRST OFFENDERS FROM THE HARSH PENITENTIARY MILIEU. HOWEVER, SURSIS IS BEING APPLIED INCREASINGLY TO DELINQUENTS WITH PRISON RECORDS AND SHOULD BE MODIFIED BY THE USE OF SUPERVISED LIBERTY; IF THE OFFENDER IS DELINQUENT HE MUST SERVE TIME IN PRISON. THE ENFORCEMENT OF THE PUNISHMENT PORTION OF A SENTENCE IS AN OPTION EXERCISED BY THE FRENCH, WHERE THE PRISON TERM IS REVOKED AFER 2 MONTHS, AND THE OFFENDER IS RELEASED ON PAROLE ('REVOCATION PARTIELLE'). IF THE DEPRIVATION OF LIBERTY IS A NECESSARY EVIL (AS A DISCIPLINARY MEASURE), THEN JUDGES SHOULD HAVE AT THEIR DISPOSAL ALL THE MEANS POSSIBLE TO DEVISE A SENTENCE ADAPTABLE TO THE DEFENDANT. SPLIT SENTENCES AND PARTIAL REVOCATION OFFER JUDGES THE CHANCE TO IMPRISON AN OFFENDER FOR ONLY AS LONG AS IS ABSOLUTELY NECESSARY, OFFER THE OFFENDER CONDITIONAL RELEASE, AND REVOKE THAT RELEASE IF THE OFFENDER IS DELINQUENT. SUCH VARIATIONS ON SURVEILLANCE AND CONDITIONAL RELEASE SHOULD BE WRITTEN INTO FUTURE REVISIONS OF THE SWISS PENAL CODE. --IN FRENCH. (MHP)