Abstract

The criminal sanction systems of Germany, Austria and Switzerland share an essential structural principle with the separation of repressive criminal penalties and special preventive measures. If we take a closer look at the legal structure of the sanction systems, we find, as expected, great parallels. However, differences in the details are also surprising and revealing. The following article aims to shed light on the similarities and differences between the laws on measures in Germany, Austria and Switzerland. To this end, the legal requirements for the law of measures in the three countries will first be outlined with a focus on the law of custodial measures. Alexander Baur did this for Germany, Thierry Urwyler for Switzerland; Sophie Sackl and Lyane Sautner prepared the country report for Austria. The authors are jointly responsible for the comparative law conclusion of the article; Sophie Sackl was in charge.

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