Swiss parliamentarians want to toughen law for juvenile crimes

Swiss parliamentarian Nina Fehr Düsel, who filed a motion in parliament, says a growing number of young people in Switzerland are committing serious offences. Keystone-SDA

The Swiss House of Representatives wants to toughen Switzerland's juvenile criminal law. In future, it should be possible to impose suspended sentences on young offenders for serious crimes, and uncooperative offenders could be imprisoned, a majority of parliamentarians decided on Monday.

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On Monday, the House of Representatives adopted a motion on this issue by 95 votes in favour, 94 against, three abstentions and a casting vote by President Maja Riniker.

Nina Fehr Düsel of the right-wing Swiss People’s Party, who filed the motion, wants young offenders to be judged according to adult criminal law for particularly serious offences. Under her proposal, the maximum period of imprisonment from the age of 16 should be increased from four to six years and from one to two years for 15-year-olds. Federal government should ask for the corresponding amendments to be made to Swiss law, she says.

Düsel says a growing number of young people in Switzerland are committing serious offences. For example, in March 2024 a 15-year-old who claimed allegiance to the terrorist organisation IS seriously injured a Jewish man with a knife in Zurich.

Juvenile criminal law should not be turned on its head but selective adjustments are needed for serious offences, said Düsel in a special session of the House of Representatives. The decisive factor today is simply the age – up to 18 years – and not the seriousness of the offence or the criminal energy.

However, Düsel’s proposal has not yet reached the Federal Council. It will first go to the responsible committee of the Senate for further discussion. In the House of Representatives, the left-wing Green Party voted against the motion; it was accepted by parties on the right with support also from the Centre and the Liberal Green Party.

‘Don’t overdo it’

Justice Minister Beat Jans asked the House of Representatives to reject the motion, adding that such demands come up repeatedly. The Swiss juvenile justice system works well and is internationally recognised, especially in global comparisons, Jans said. There is no reason to “turn the screw too far”, he said.

The aim of Swiss juvenile criminal law is to prevent young people from committing further offences, the minister noted. The guiding principles are the education and protection of young people. The aim is to get them back on the right track, he added.

It is well known from neuroscience that brain development is only complete at around 25 years of age, said Jans, adding that a schematic approach, as demanded by Düsel, is not appropriate. There is also no statistically recognisable correlation between the number of juvenile convictions and the threat of punishment.

However, in its written response to the motion, the Federal Council pointed out that a suspended sentence can already be given for juvenile crimes. This is the case if a placement under the Juvenile Penal Code must be cancelled, for example due to “resistance to measures”.

Jans added that the Federal Council is currently reviewing the effectiveness of juvenile penal sanctions following a postulate passed by the Senate. It is also analysing whether the law needs to be amended. The justice minister explained that these results should not be prejudged. But said he did not want to hide the fact that he was concerned by the behaviour of certain young offenders.

Translated from German by DeepL/sb

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