ABSTRACT

The Swiss Criminal Code, which came into force in 1942 for all of Switzerland, unified and harmonized the previous provisions of the cantons, using, almost verbatim, the draft of Carl Stooss: ‘The prisoner is obliged to carry out the work which is assigned to him. Only since the introduction of the Swiss Criminal Code in 1942 has there been a uniform system of prison labour in Switzerland. After the Swiss were defeated by the French under Napoleon, the Helvetian Criminal Code applied in all of Switzerland. Work helps to make discipline more pleasant, promote a sense of security and improve the prisoners’ chances of coping after their release. The obligation to work can be enforced by disciplinary measures. The prisoners are subject to obligatory medical insurance but not to obligatory accident insurance since they are insured by the prison authorities. The labour law rules, protecting employees from threats to their health and accidents, are applicable to prison labour.