311.0
STGBCP
CH
CH
Art. 76 Schweizerisches Strafgesetzbuch (StGB)
StGB; Erster Teil: Verbrechen und Vergehen; Vierter Titel: Vollzug von Freiheitsstrafen und freiheitsentziehenden Massnahmen; 2. Vollzug von Freiheitsstrafen.; Vollzugsort
Art. 76 StGB
Freiheitsstrafen werden in einer geschlossenen oder offenen Strafanstalt vollzogen.
Der Gefangene wird in eine geschlossene Strafanstalt oder in eine geschlossene Abteilung einer offenen Strafanstalt eingewiesen, wenn die Gefahr besteht, dass er flieht, oder zu erwarten ist, dass er weitere Straftaten begeht.
Gerichtsentscheide zu dieser Bestimmung (160)
PS/73/2025 · ge (art. 76 CP)
Appeal Regarding Refusal of Open Custody for Inmate with High Reoffending and Flight Risk
The decision to reject the appeal and uphold the refusal of open custody was found to be in conformity with this article, which governs the execution of custodial sentences.
VB.2025.00183 · zh (Art. 76 Abs. II StGB)
Protective Custody Placement in Closed Penal Institution Upheld
This article concerns the execution of measures, to which the court implicitly adheres by upholding the placement decision.
PS/23/2025 · ge (Art. 76 CP)
Refusal to Transfer to Open Detention Upheld Due to High Risk of Recidivism and Flight
The court ruled that the conditions for open-regime execution were not met based on this article.
VB.2024.00544 · zh (Art. 76 Abs. II StGB)
Prisoner Transfer Denial Upheld Due to Lack of Resocialization Participation
This article concerns provisions related to sentence execution, which was evaluated in the context of the requested measures.
PS/88/2024 · ge (Art. 76 al. 2 CP)
Appeal Dismissed: Revocation of Transfer to Open Custody Upheld Due to Threats and Recidivism Risk
The rule establishing placement in a closed facility when there is a risk of escape or new offenses, justifying the decision to return the appellant to a closed setting.
VB.2024.00217 · zh (Art. 76 Abs. II StGB)
Denial of Transfer to Open Penal Institution Upheld for Homicide Offender
This provision likely relates to the assessment of recidivism risk or other relevant conditions governing the execution of the sentence.
PS/40/2024 · ge (Art. 76 CP)
Inmate Refusal Appeal for Transfer to Open Detention Facility Upheld
The appeal was rejected because the conditions for open custody were not met, as per the court's application of this article.
VB.2023.00375 · zh (Art. 76 Abs. II StGB)
Conditional Release Appeal: Jurisdiction, Delay, and Risk Assessment
This article is listed among the legal grounds for conditional release from custody.
VB.2023.00375 · zh (Art. 76 StGB)
Conditional Release Appeal: Jurisdiction, Delay, and Risk Assessment
This article is listed among the legal grounds for conditional release from custody.
601 2023 113 · fr (Art. 76 Abs. 1 StGB)
Appeal Against Refusal of Open Prison Transfer Dismissed; Delay Complaint Moot; Legal Aid Granted.
Cited in the reasoning regarding the types of prison regimes.
601 2023 113 · fr (Art. 76 Abs. 2 StGB)
Appeal Against Refusal of Open Prison Transfer Dismissed; Delay Complaint Moot; Legal Aid Granted.
Cited in the reasoning regarding the criteria for placement in a closed institution.
PS/115/2023 · ge (art. 76 CP)
Inmate Denied Transfer to Open Facility Due to Recent Disciplinary Record
The decision to reject the appeal and confirm the challenged decision (refusal of open custody) was found to be compliant with this article.
VB.2023.00194 · zh (Art. 76 Abs. II StGB)
Remand for New Expert Evaluation on Incarcerated Individual's Release Eligibility
This provision governs the ultimate decision regarding the appeal concerning the refusal of open custody, which necessitated the remand for a new evaluation.
PS/27/2023 · ge (Art. 76 CP)
Murderer's Appeal for Open Confinement Denied Due to Absconding Risk
The core issue regarding the execution of the sentence (closed vs. open regime) is governed by this article, which was the subject of the appellant's argument and the basis for confirming the lower authority's decision on the refusal of open custody.
PS/36/2023 · ge (Art. 76 al. 1 CP)
Convict's Appeal Against Revocation of Open Detention Upheld Despite Disciplinary Issues
Cited as the provision distinguishing between closed and open establishments, relevant to the contested revocation.