Skip to main content

Why Switzerland is lenient with criminals

A view inside a prison cell in Lenzburg, canton Aargau
When compared with many other countries, Switzerland tends to hand down shorter sentences, particularly for violent crime. And usually only repeat offenders or serious criminals have to do prison time. Why?

Closer inspection of the penal codes of European countries shows that German-speaking countries, including Switzerland, issue relatively lenient criminal sentences. 

Anyone who kills a person in Switzerland while suffering “great mental distress” could, under certain circumstances, get just one year in prison.

In Switzerland, a life sentence can be given for murder, but under Swiss criminal law “life” doesn’t mean that the perpetrator remains in prison for the rest of their days.


After 15 years, sometimes after just 10 years, a conditional release is possible. It is generally the norm in Switzerland that a criminal is conditionally released after serving two-thirds of their sentence.

Lenient judges


Hans-Georg Koch, a criminal law expert at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany, downplays these international comparisons. First, he says criminal law comparisons are generally very difficult to make because of differing legal systems. Second, he says it is important to compare the actual penalties, rather than the sentences stipulated in the law, as these can reveal little.

Unfortunately, there are no statistics comparing sentences across countries. But it is clear that Swiss judges tend to deliver lenient sentences: their length tends towards the lower end of the range. “Switzerland has a very unusual penalty law, above all in the day-to-day application of penalties by the courts,” says Martin Killias, a renowned Swiss criminologist and criminal lawyer.

Gabriella Matefi, the president of the Court of Appeal in Basel City, explains further: “The higher end of the sentencing range is intended for the very serious cases that a normal person can perhaps not even imagine. In judging real crimes, sentencing is on average in the lower half or lower third of the possible range, whether it is a matter of fraud, bodily harm or even manslaughter.”

Only serious criminals have to go to prison


Older statistics show that only a handful of countries send as few convicted criminals to prison as Switzerland. That is partly because first-time offenders only receive sentences of less than two years under certain conditions.

A look at the current Swiss statistics shows that since 2007, the penalties for violent offences have frequently been fines rather than prison sentences. 

This is the consequence of a reform aimed at avoiding short prison sentences. “In Germany and Switzerland, the authorities want to avoid imposing short sentences where possible because offenders tend to turn into bigger criminals in prison,” says Koch. In English-speaking countries, a relatively large number of perpetrators sit out rather long jail sentences even for a comparatively trivial offence, just because they are repeat offenders, he says.

“Punishment serves justice”


International comparison of criminal sentences
According to Killias, the view that short prison sentences are damaging has become a set-in-stone dogma in Switzerland. 

But there is no scientific evidence that the risk of recidivism increases after a short prison term. 

And the fact that punishments should also serve justice and stabilise social order is sometimes overlooked.

The Swiss reform was criticised and has already been revised. But Koch says avoidance of short prison terms has basically remained policy. “For crime prevention, other factors play a role in any case,” Koch says.

“The average length of a prison sentence only plays a small role in the deterrent effect of a punishment,” Matefi says. “For crime prevention, the risk of having to face any kind of punishment – of being caught and punished – is much more decisive.” 

And in this respect, Switzerland measures up quite well in international comparisons. 

Lenient penalties as “cultural progress”


But why is Swiss law so indulgent to criminals and why do judges make it even more lenient?

One explanation may be the teaching and research that judges rely on in their sentencing. This tends to be sceptical about severe punishments. “People working in courts today have been influenced by decades of teaching about the damage caused by prison sentences,” says Killias. “In central Europe’s culture-focused countries, it is seen as culturally progressive to deliver moderate punishments,” Koch says. “Prison sentences are shorter than in Great Britain or the US.”

Criminal law in Europe is in general very humane compared with other parts of the world. The death penalty, or corporal punishments, such as whipping or hacking off limbs, are rejected. This is a stance that is generally accepted by the population.

People’s initiative to reintroduce the death penalty


However, a group of Swiss campaigners collected signatures in 2010 for a people’s initiative to reintroduce the death penalty for sex abuse with murder. But it later withdrew the initiative. The initiators simply wanted to win an audience and draw attention to their grievances – they were all connected to one victim. Their main complaint was that the custody initiative, aimed at ensuring extremely violent sex criminals should be imprisoned for life, had not been implemented. 

Swiss “security custody” draws criticism


Because of the relatively short prison sentences and the fact that sentences for multiple crimes are not added up but just increased, Switzerland faces the problem that dangerous serial killers or sex criminals can get released and possibly strike again at the earliest opportunity.

Switzerland and Germany have thus settled on “security custody,” under which a repeat offender remains in prison after serving their sentence because they are too dangerous for society. The offender is only released from prison if they are expected to behave once free.

This instrument is viewed critically abroad. The European Court of Human Rights in Strasbourg ruled against Swiss and German custody laws. “But almost all countries have thought of some way to keep extremely dangerous criminals apart from society,” says Koch.

Other countries pronounce long prison sentences or add sentences for multiple crimes on a strict mathematical basis, so that the offender will not be released in his lifetime. To put an end to the debate over security custody, Natalie Rickli of the Swiss People’s Party and Andrea Caroni of the Free Democratic Party propose to increase the length of detention. This would bring Switzerland in line with other countries.

Heavier penalties


The government also seems to have recognised that the penalties for violent crime are not appropriate when compared with those for financial crime, and that judges tend to issue lenient sentences. It wants to “harmonise” the ranges for sentences. 

There has never been a comprehensive cross-analysis of the rules for sentencing to determine whether they are appropriate for the severity of the crime and compare appropriately, is the reasoning given on the website of the Federal Justice Ministry. 

Violent crimes and sex offences, in particular, should be punished more severely in future.

Source: swissinfo.ch, Sibilla Bondolfi; translated from German by Catherine Hickley, January 11, 2019


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.

USA | Federal death penalty possible for Mexican cartel boss behind 1985 DEA agent killing

Rafael Caro Quintero, extradited from Mexico in 2022, appeared in Brooklyn court as feds weigh capital charges for the torture and murder of Agent Enrique Camarena NEW YORK — The death penalty is on the table for notorious drug lord Rafael Caro Quintero, the so-called “narco of narcos” who orchestrated the torture and murder of a DEA agent in 1985, according to federal prosecutors. “It is a possibility. The decision has not yet been made, but it is going through the process,” Assistant U.S. Attorney Saritha Komatireddy said in Brooklyn Federal Court Wednesday.

Inside Florida's Death Row: A dark cloud over the Sunshine State

Florida's death penalty system has faced numerous criticisms and controversies over the years - from execution methods to the treatment of Death Row inmates The Sunshine State remains steadfast in its enforcement of capital punishment, upholding a complex system that has developed since its reinstatement in 1976. Florida's contemporary death penalty era kicked off in 1972 following the U.S. Supreme Court's decision in Furman v. Georgia , which temporarily put a stop to executions across the country. Swiftly amending its laws, Florida saw the Supreme Court affirm the constitutionality of the death penalty in 1976's Gregg v. Georgia case.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

564 People On Death Row In India, Highest Since The Turn Of The Century

In 90% of of all death penalty sentences in 2024, trial courts imposed sentences in the absence of adequate information about the accused, finds a recent report Bengaluru: Following the uproar and the widespread protests after the August 2024 rape and murder of a medical professional in Kolkata’s RG Kar hospital, there were demands for death penalty for the accused. The state government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024 (awaiting presidential assent) which included mandatory death sentence for rape which results in death of the victim or if the victim is left in a vegetative state, despite such a mandatory sentence being unconstitutional.