25.4415The Council of States' Committee on Legal Affairs (RK-S) unanimously adopted a committee motion (25.4415) instructing the Federal Council to develop appropriate adjustments to the legal basis for the enforcement of sanctions.
The Commission also conducted a preliminary review of two parliamentary initiatives from its sister commission, which address various aspects of the enforcement of sanctions. These include a ban on unaccompanied leave for detainees24,464ffenders undergoing closed inpatient therapeutic measures (24,464), as well as adjustments to ensure that the benefits and costs of in25,435t measures under Article 59 of the Swiss Criminal Code are proportionate (25,435). The Commission acknowledges the fundamental need for action in both initiatives. However, it considers a revision of the enforcement of sanctions to be a project requiring a comprehensive overview and close involvement of the cantons. Against this background, it believes that a motion and a legislative25,435ect led by the Federal Council are the more effective approach. The Commission has acted on initiative 25.435, "Inpatient measures (Art. 59 of the Swiss Criminal Code) only with good prospects of success," assuming that its sister commission will24,464end its work until the Federal Council's message is available. However, by a vote of 5 to 6, it rejected initiative 24,464, “Measures in the enforcement of sanctions”.
Various transactions concerning the right to a parent-child relationship
The Motion Nantermod 19,3597The motion, "Criminal Code. Offenses against the family. Penalty for denying the right to personal contact," was adopted by the National Council and then suspended by both chambers pending the submission of the Federal Council's report, "Family Courts and Family Proceedings: Inventory and Reform Proposals," in response to various parliamentary motions. After the Federal Council submitted its report on June 6, 2025, the committee revisited the motion. It concluded that already fragile family situations would become even more complicated with the introduction of criminal sanctions and that mediation or other civil measures would be appropriate in such cases. Therefore, the committee recommends that the Council reject the motion by a vote of 8 to 2, with 2 abstentions. The minority recommends its adoption. The Council of States will decide during the winter session. Furthermore, the committee has begun the preliminary review of the parliamentary initiative Nantermod.25,425The initiative, entitled "Consequences of an unlawful change of the child's place of residence," has been included in the list. The commission will continue its preliminary review of the initiative at one of its next meetings.
Ban on international adoptions