NCJ Number
55011
Journal
SCHWEIZERISCHE ZEITSCHRIFT FUER STRAFRECHT Volume: 1 Issue: 95 Dated: (1978) Pages: 41-59
Date Published
1978
Length
19 pages
Annotation
THE HISTORY OF THE SWISS PENAL CODE AND ITS VARIOUS REVISIONS ARE OUTLINED, WITH SPECIAL ATTENTION TO THE CHANGING FOCUS OF EACH REVISION OVER THE YEARS.
Abstract
THE SWISS PENAL CODE (CPS) WAS THOUGHT TO BE VERY MODERN UP UNTIL THE POST-WORLD WAR II ERA, WHEN THE SWISS GOVERNMENT RECOGNIZED THAT A REVISION WAS IN ORDER. THE EARLY 1950'S REVISION EMPHASIZED SUCH ISSUES AS THE NEED FOR SOCIAL REHABILITATION OF OFFENDERS BUT SEEMED TO NEGLECT THE GROWING PROBLEMS CREATED BY NUCLEAR ENERGY AND THE POSSIBILITY OF NUCLEAR WAR, POLITICAL TURBULENCE, POLLUTION, TERRORISM, AND WHITE-COLLAR CRIME. WHEN A SECOND REVISION WAS INITIATED IN 1971, MAJOR DISCREPANCIES STILL EXISTED BETWEEN THE CPS AND POPULAR OPINION REGARDING SUCH ISSUES AS ABORTION, JUVENILE DELINQUENCY, AND COURT DELAYS; THEREFORE, A THIRD REVISION IS BEING FORMULATED UNDER A 30-MEMBER COMMISSION INCLUDING PSYCHIATRISTS, GYNECOLOGISTS, THEOLOGIANS, LEGAL SPECIALISTS, AND OTHER PERSONS WITH MULTIDISCIPLINARY BACKGROUNDS. THE ISSUES BEING DISCUSSED ARE THOSE THAT HAVE LONG BEEN IGNORED IN THE CPS: RACIAL DISCRIMINATION, ABORTION, TERRORISM AND THEORIES OF VIOLENCE, HIJACKING, CHILD ABUSE AND MOLESTING, PROSTITUTION, AND HOMOSEXUALITY; THESE ISSUES ARE BEING DISCUSSED IN THE CONTEXT OF SOCIAL ATTITUDES, JURISPRUDENCE, STATISTICAL INFOMATION, AND COMPARATIVE LAW. THIS REVISION, UNLIKE ITS PREDECESSORS, IS BEING CONDUCTED IN A SPIRIT OF OPENNESS AND MAY TAKE SEVERAL YEARS TO COMPLETE. URGENT ISSUES, SUCH AS ABORTION, HAVE BEEN GIVEN TOP PRIORITY. THE ARTICLES OF THE CPS WITH WHICH THE COMMISSION HAS ALREADY DEALT (SUCH AS HIJACKING, THE TAKING OF HOSTAGES), AND ABORTION ARE DETAILED. --IN FRENCH. (MHP)