Mr Killer, at what age can penalties be imposed for theft?
In Switzerland, children aged 10 and above are considered criminally responsible. Different penalties apply to children and young people under the age of 15 and those aged 15 and above.
What happens if a young person has stolen something?
If a theft is reported, the police investigate the facts and question the young person. If the value of the stolen goods is less than 300 Swiss francs, the theft is considered minor. The police then send a report to the youth prosecution service, which issues the young person with a written reprimand or requires them to perform community service.
The youth prosecution service determines whether a young person has committed theft, why he or she did so, and what is necessary to prevent him or her from doing so again in the future.
These measures are often sufficient to deter young people from committing further thefts. If the value of the stolen goods exceeds 300 Swiss francs, the theft is considered a crime. If a young person is arrested for theft, they must be questioned by the police within 24 hours and then released or referred to the youth prosecution service. The latter then has 24 hours to release the young person or order their remand in custody.
What are the responsibilities of the youth prosecution service?
It clarifies whether a young person has committed theft, why he or she did so, and what is necessary to prevent him or her from doing so again in the future. To this end, youth lawyers and, if necessary, social workers conduct interviews with the young people. In some cases, parents are also invited and information is obtained from schools and civil authorities.
What penalties are possible?
Children under the age of 15 may receive a written reprimand or be required to perform community service for a maximum of 10 days. For those over the age of 15, depending on the severity of the offence, a reprimand, community service for up to three months, a fine of up to 2,000 Swiss francs or imprisonment for up to one year are possible.
In the case of more serious offences, protective measures must be considered in addition to penalties. These measures are intended to help young people follow a pro-social path and may include outpatient treatment, personal support and open or closed accommodation, for example in a youth centre.
