Fierce discussion the national Council is new terrorism-criminal standard gutDie terrorism legislation, joined in the national Council on criticism. The Greens and the SP warned of legal uncertainty and a risk to the fundamental rights.2 Kommentare2Blumen at a Restaurant in Paris on 13. November of 2016. Keystone/AP Photo/Thibault Camus

On the suppression of terrorism is exacerbated by the criminal law. According to the Council of States has approved on Tuesday, the national Council of a change in the law with this goal. In the center of a new terrorism-criminal standard.

This makes the Recruitment, training and travel, in terms of an act of terrorism, under penalty. The participation in a terrorist organization is on the same level as the participation in a criminal Organisation, the maximum penalty in both cases is ten years.

Adjusted will also increase the organization’s ban on in the intelligence service act: The maximum penalty for participation in a forbidden organization, or whose support will be from three to five years. For law enforcement, the Federal government is in the future, advocacy is responsible.

The change in the law creates a legal basis for cross-border investigation teams. In addition, the Swiss authorities will be able to transmit, under certain conditions, information in advance to foreign authorities. Thanks to the rapid flow of information, serious crimes can be prevented.

Unwanted side effects

“the perpetrators of The attack on our society and attack our way, together and live, regardless of cultural and religious Differences,” said justice Minister Karin Keller-Sutter of the national Council. However, you have to engage yourself on different levels.

The Council of States had approved the template already in the spring session. Basically, the action was necessary in the national Council is undisputed. The Left was vehemently opposed to the Central provisions of the bill for the military.

SP, and Green warned of legal uncertainty and a risk to the fundamental rights. “Freedom is dying with security”, quoted the Green Marionna Schlatter (ZH) the Poet Kurt Tucholsky. Her party colleague, Léonore Porchet (VD) warned that the disproportionate Repression of extremist tendencies anfache rather.

For the bourgeois fractions, the need for security outweighed. The risk of attacks was also the case in Switzerland, said SVP spokesman Bruno Walliser (ZH). “We must do everything Possible to prevent such terrible deeds.” A rejection of the request of the Left failed because even with a large majority.

Tell the Terrorist

The same fate was suffered by a large number of Amendments. So the Left wanted to emphasize the new criminal standard for recruitment, training and travel for terrorist purposes. The forward displacement of criminal liability will lead to conflicts with fundamental rights, said Priska Seiler count (SP/ZH). “We are definitely in the spirit of criminal law.”

Keller-Sutter recalled that the core of the Council of Europe Convention and the additional agreement of the handle, which will be implemented with the template. With the deletion of the criminal law would be weakened sensitive. The national Council rejected this because, with 121 to 69 votes.

The Left failed also with the request to make an exception for Pro-democracy movement, and freedom fighters. The contrast to terrorism is often politically, said Min Li Marti (SP/ZH): From the point of view of the Habsburgs, Wilhelm would have been to Tell a Terrorist. Keller-Sutter recalled, however, that terrorism in the law was defined.

the exception for ICRC

the set has to exclude the preliminary advice of the national Council Commission with the request, humanitarian organisations like the ICRC explicitly from criminal liability for the support of terrorist organizations. Keller-Sutter, had spoken out against The neutral and independent assistance for the victims of the conflict remained unpunished, she said. The humanitarian Tradition of Switzerland, remained untouched.

Controversial in the early Transmission of information and evidence to foreign authorities. The legal protection is undermined if information is sent without judicial Review and without hearing the parties Concerned, said Franziska Roth (SP/SO). The Use of the premature Transmission of information, the secrecy, explained Keller-Sutter. “The should, however, remain the exception.”

Preventive measures

In the overall vote, the national Council adopted the template with 127 to 54 votes in favour and 13 abstentions. Now, the Council of States is again on the train. It is the first part of a two-part template, with the help of the Federal Council for the fight against terrorism to strengthen. The second part, which relates to preventive measures such as house arrest for terrorist offenders, is on Thursday on the agenda of the national Council.

This template is highly controversial. It is criticized, among other things, that 15-put Years under house arrest and other measures against children could be imposed from the age of 12. Also, the Definition of “Gefährdern” is referred to as too vague. The national Council Commission even wants to introduce the preventive detention. Switzerland is currently because of this plans international criticism.


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