Capital punishment in Switzerland
Encyclopedia
Capital punishment
is forbidden in Switzerland
by article 10, paragraph 1 of the Swiss Federal Constitution
. It was abolished from federal criminal law in 1942, but remained available in military criminal law until 1992.
with the sword
. In 1835, the guillotine
was added, although many cantons allowed the person to be executed to choose between these two methods. One of the last people to be executed with a sword was Niklaus Emmenegger in Lucerne
on July 6, 1867. Héli Freymond was also executed with a sword in Vaud on January 11, 1868. In 1848, the death penalty for political crime
s was forbidden by the constitution. In 1874, it was then generally abolished. However, because of an increase in crime (which was probably due to the economic depression at the time) capital punishment was re-introduced in 1879.
, which abolished capital punishment, after fervent debates. It was ratified by referendum
on July 3, 1938, and came into force on January 1, 1942. The last person to be sentenced to death by a civil court and executed was Hans Vollenweider
, convicted of three murder
s and then executed on October 18, 1940 in Sarnen
, Obwalden
.
Swiss military law
, however, still provided for the death penalty for treason
. During World War II
, 30 Swiss soldiers were sentenced to death and 17 of these were executed before the end of the war. This law was abolished by the Federal Assembly on March 20, 1992 after a parliamentary initiative by Massimo Pini of the Free Democratic Party of Switzerland
. The 1999 Swiss Federal Constitution
then banned the death penalty at the constitutional level.
s have so far been launched to amend the Constitution to provide for the reintroduction of capital punishment. The first, in 1985, would have made drug dealing punishable by death. It did not manage to collect the required 100,000 signatures for a binding national referendum.
In August 2010, family members of a murder victim launched another constitutional amendment initiative to provide for capital punishment in cases of murder combined with sexual violence. The initiative quickly found itself at the center of public attention and was roundly rejected by political leaders; it was withdrawn a day after its official publication.
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
is forbidden in Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
by article 10, paragraph 1 of the Swiss Federal Constitution
Swiss Federal Constitution
The Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons , contains a catalogue of individual and popular rights , delineates the responsibilities of the...
. It was abolished from federal criminal law in 1942, but remained available in military criminal law until 1992.
Use until 1937
In modern times, the common method for execution was the decapitationDecapitation
Decapitation is the separation of the head from the body. Beheading typically refers to the act of intentional decapitation, e.g., as a means of murder or execution; it may be accomplished, for example, with an axe, sword, knife, wire, or by other more sophisticated means such as a guillotine...
with the sword
Sword
A sword is a bladed weapon used primarily for cutting or thrusting. The precise definition of the term varies with the historical epoch or the geographical region under consideration...
. In 1835, the guillotine
Guillotine
The guillotine is a device used for carrying out :executions by decapitation. It consists of a tall upright frame from which an angled blade is suspended. This blade is raised with a rope and then allowed to drop, severing the head from the body...
was added, although many cantons allowed the person to be executed to choose between these two methods. One of the last people to be executed with a sword was Niklaus Emmenegger in Lucerne
Lucerne
Lucerne is a city in north-central Switzerland, in the German-speaking portion of that country. Lucerne is the capital of the Canton of Lucerne and the capital of the district of the same name. With a population of about 76,200 people, Lucerne is the most populous city in Central Switzerland, and...
on July 6, 1867. Héli Freymond was also executed with a sword in Vaud on January 11, 1868. In 1848, the death penalty for political crime
Political crime
In criminology, a political crime is an offence involving overt acts or omissions , which prejudice the interests of the state, its government or the political system...
s was forbidden by the constitution. In 1874, it was then generally abolished. However, because of an increase in crime (which was probably due to the economic depression at the time) capital punishment was re-introduced in 1879.
Abolition
On December 21, 1937, in the course of the standardisation of Swiss criminal law, Swiss parliament passed a new criminal codeCriminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
, which abolished capital punishment, after fervent debates. It was ratified by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
on July 3, 1938, and came into force on January 1, 1942. The last person to be sentenced to death by a civil court and executed was Hans Vollenweider
Hans Vollenweider
Hans Vollenweider was a Swiss criminal. He was the last person to be sentenced to death by a civil court in Switzerland and executed shortly after....
, convicted of three murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
s and then executed on October 18, 1940 in Sarnen
Sarnen
Sarnen is the capital of the canton of Obwalden situated on the shores of Lake Sarnen , Switzerland. It has a population of just under 10,000 and is surrounded by countryside and mountains. Sarnen is located 20 km south of Lucerne.- History :...
, Obwalden
Obwalden
Obwalden is a canton of Switzerland. It is located in the centre of Switzerland. The population is 33,997 of which 4,043 are foreigners. Its capital is Sarnen. The canton contains the geographical centre of Switzerland.-History:...
.
Swiss military law
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
, however, still provided for the death penalty for treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, 30 Swiss soldiers were sentenced to death and 17 of these were executed before the end of the war. This law was abolished by the Federal Assembly on March 20, 1992 after a parliamentary initiative by Massimo Pini of the Free Democratic Party of Switzerland
Free Democratic Party of Switzerland
The Free Democratic Party was a classical liberal political party in Switzerland. It was one of the major parties in Switzerland until its merger with the smaller classical liberal Liberal Party, to form FDP.The Liberals on 1 January 2009....
. The 1999 Swiss Federal Constitution
Swiss Federal Constitution
The Federal Constitution of 18 April 1999 is the third and current federal constitution of Switzerland. It establishes the Swiss Confederation as a federal republic of 26 cantons , contains a catalogue of individual and popular rights , delineates the responsibilities of the...
then banned the death penalty at the constitutional level.
Re-introduction initiatives
Two initiativeInitiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
s have so far been launched to amend the Constitution to provide for the reintroduction of capital punishment. The first, in 1985, would have made drug dealing punishable by death. It did not manage to collect the required 100,000 signatures for a binding national referendum.
In August 2010, family members of a murder victim launched another constitutional amendment initiative to provide for capital punishment in cases of murder combined with sexual violence. The initiative quickly found itself at the center of public attention and was roundly rejected by political leaders; it was withdrawn a day after its official publication.