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A majority of the Council of States wants to instruct the Federal Council to present the advantages and disadvantages of a clemency program in a report.
Those who come forward will spend less time behind bars: in Italy, the clemency program is considered an important tool in the fight against the mafia. However, this option does not exist in Switzerland.
The report must now take into account the experiences of other countries. It is also necessary to explain how a corresponding model in Swiss criminal law and criminal procedural law could be designed.
The Council of States approved a corresponding postulate of its Legal Commission (RK-S) on Wednesday – by 22 votes to 16.
Federal prosecutors lobbied
The committee decided on this postulate after hearing from federal prosecutor Stefan Blättler, as their spokesman Daniel Jositsch (SP/ZH) said. In the past, Blättler had advocated the introduction of a leniency program. With an accompanying basic report, the next steps can be carefully examined, according to Jositsch.
A minority in the Council of States argued for the rejection of the postulate. A report is of no use, is the tenor of the opposition. Parliament has spoken out several times in recent years against a more extensive clemency program. This allows the Public Prosecution Service to, for example, give key witnesses a binding guarantee of a reduced sentence or immunity from prosecution.
A yes from the Council of States does not mean that there will actually be a change in the law, Jositsch made clear on behalf of the committee. It is just a matter of describing the initial situation and clarifying various open questions.
Collaboration can be valuable
The Swiss Criminal Code now includes the so-called minor leniency program. This means that the court may, at its discretion, grant members of criminal organizations a reduced sentence for their cooperation with law enforcement authorities. Witness protection programs are also available for people at risk due to their involvement in criminal proceedings. (SDA/them)
Source:Blick
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