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Custodial sentences are among the most severe sanctions that can be imposed by a state. The European Convention on Human Rights therefore guarantees that custodial sentences may only be imposed by a court. However, the reality in Switzerland is different. Three out of four custodial sentences are not imposed by courts, but by public prosecutors in sentencing orders. This paper takes a critical look at this practice and argues that custodial sentences should not be handed down in summary penalty orders.
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