SCC Art. 67c -

Einleitung zur Rechtsnorm SCC:

Art. 67c SCC from 2025

Art. 67c Common provisions Enforcement of prohibition orders ⁽¹⁾

¹ A prohibition order comes into effect on the day on which the judgment takes full legal effect.

² The duration of a custodial sentence or of a custodial measure (Art. 59–61 and 64) is not taken into account in determining the term of the prohibition order.

³ If the offender fails to complete the probationary period successfully and if the suspended custodial sentence is executed or a recall to custody is ordered in respect of a sentence or measure, the term of the prohibition order is calculated from the day on which the offender is released on parole or granted final release or on which the sanction is revoked or remitted.

⁴ If the offender completes the probationary period successfully, the competent authority shall decide on any modification of the conditions or term of the prohibition order under Article 67 paragraph 1 or Article 67b, or on whether the prohibition order should be revoked.

⁵ The offender may apply to the competent authority for a modification of the conditions or term of the prohibition order, or to have the prohibition order revoked:

⁶ If it is considered unlikely that the offender will commit any further felonies or misdemeanours by misusing an activity or by having contact with specific persons of a specific group to and the offender has provided reasonable compensation for the loss, damage or injury caused, the competent authority shall revoke the prohibition order in cases falling under paragraph 4 or 5.

6bis Prohibition orders under Article 67 paragraphs 3 or 4 may not revoked. ⁽⁴⁾

⁷ If the offender breaches an activity prohibition order or a contact prohibition and exclusion order or if he fails to comply with the associated probation assistance, or if such assistance cannot be provided or is no longer required, the competent authority shall submit a report to the court or the executive authority. The court or the executive authority may revoke or make a new order for probation assistance.

7bis The executive authority may order probation assistance for the entire duration of the prohibition from carrying on an activity or the contact and exclusion order. ⁽⁴⁾

⁸ If the offender fails to comply with the probation assistance during a probationary period, Article 95 paragraphs 4 and 5 apply.

⁹ If the offender breaches an activity prohibition order or a contact prohibition and exclusion order during a probationary period, Article 294 and the provisions on revoking a suspended sentence or the suspended part of a sentence and on a recall to custody in respect of a sentence or measure apply.