Facts
A. was sentenced to a term of imprisonment of 4 years and 6 months by a final judgment dated November 21, 2017, for violation of the Narcotics Act and money laundering. The Military, Civil Protection and Penal Enforcement Office summoned A. to commence the sentence on March 25, 2019 at the Hindelbank Penitentiary. A. filed an administrative court appeal, which the Lucerne Cantonal Court dismissed on November 14, 2019 and set the commencement of the sentence for January 28, 2020 at the Grosshof Penitentiary in Kriens.
A. is a single mother of two children (6 and 13 years old) with health problems. She requests a postponement of the execution of the custodial sentence or an alternative form of execution such as semi-detention or electronic monitoring, in order to maintain contact with her children.
Considerations
The Federal Supreme Court dismisses the appeal. The execution of the sentence is the mandatory legal consequence of the criminal offense. The separation of the mother from her children is a direct consequence of the execution of the sentence. The Criminal Code and the cantonal concordat law provide for numerous forms of execution, which, however, are not applicable in the case of a custodial sentence of more than 4 years. Neither the provisions of the Federal Constitution nor those of the Convention on the Rights of the Child…