Facts
The appellant, a French national domiciled in France but holding a border permit (permit G) to work in Switzerland, was sentenced by the Criminal Court of Geneva to a custodial sentence of 34 months, including 6 months of unconditional imprisonment. The Execution of Sentences and Measures Service (SAPEM) refused to grant him the semi-detention regime, on the grounds that he did not have a residence permit in Switzerland. The Criminal Appeals Chamber of the Geneva Court of Justice dismissed the appeal filed by the convicted person against this decision.
The Federal Tribunal was seized of a criminal appeal against the judgment of the cantonal court.
Considerations
According to the Federal Tribunal, Art. 77b CC exhaustively regulates the conditions for granting the semi-detention regime, without leaving room for a more restrictive cantonal or intercantonal regulation. Federal law takes precedence over cantonal law in this matter.
The Federal Tribunal considers that the requirement of a residence permit in Switzerland, provided for in the semi-detention regulation adopted by the Latin Conference of Heads of Justice and Police Departments (CLDJP) as well as in the Geneva regulation, constitutes an additional condition compared to Art. 77b CC. This condition cannot be interpreted as a mere clarification of…