Anyone in Switzerland who fails to pay a fine or penalty despite reminders will eventually end up serving a substitute prison sentence. Imprisonment typically last a few days, but it can last weeks or months. Recently published data show the scale of the practice.
According to the rules, those who fail to pay fines voluntarily or via debt collection proceedings risk time in prison. The duration of any prison term is determined by the amount owed. In addition, uncompleted community service can also be converted to a prison term, with 4 hours of uncompleted community service resulting in one day in prison – see Article 36 of the Swiss Criminal Code.
These substitute prison sentences are controversial. Prison expert Benjamin Brägger told SRF that they are expensive, stretch the prison system and can have an antisocial effect.
Recent data show that more than half (53%) of all prison sentences are the result of unpaid fines (42%) or uncompleted community service (11%). These sentences cost tax payers around CHF 200 per inmate per day. In 2023, there were 9,201 prison admissions, of which 3,934 related to unpaid fines and 1,030 to uncompleted community service. The bill for these is likely to be tens of millions of francs a year.
In addition, the majority of prison admissions for unpaid fines are handed out to public transport fare dodgers. Some, such as Brägger, say locking these people up, especially when they are unable to pay, is costly and harmful to society. Others argue that without these prison sentences there would be no compelling incentive to pay fines and the number of outstanding payments would rise.
More on this:
SRF article (in German)
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