22 October 2018

Preventive detention as a means to ensure the expulsion of a convicted person, in light of the decision of the Swiss Supreme Court 1B_61/2017 of March 29 2017 (ATF/BGE 143 IV 168)

In an article published in the specialized criminal law review ForumPoenale, Matthias Bourqui and Clara Wack discuss the current regime applicable to the preventive incarceration of people sentenced to an expulsion from the Swiss territory in order to guarantee that their expulsion will be executed. A recent decision of the Swiss Supreme Court sheds more light on this technical issue but still remains insufficient to provide clear legal conditions when the person is convicted to a suspended sentence but is nevertheless sent back to jail to wait for his expulsion.