Inalienability of the Wages of Prisoners to Secure Procedural Costs

Facts

In this case, it was about the seizure of 4,000 CHF from the blocked account of a prisoner to secure the procedural costs for his appeal proceedings. The complainant [A.] was in early release from prison at the Correctional Facility [B.] .

The High Court of the Canton of Nidwalden had ordered the seizure of the amount to secure the procedural costs of the appeal proceedings against its first-instance judgment. [A.] then filed a criminal appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court upheld the appeal and lifted the seizure. It stated that the wages of prisoners are inalienable under Art. 83 para. 2 CC. This provision also applies to prisoners in early release under Art. 236 para. 4 CPC.

The inalienability of the wages serves the purpose of not impairing the work motivation of the prisoners and to give them the…