The Commission sees a need for action in the enforcement of sanctions.
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
The Commission has the motion25,3430The National Council debated the motion "No ban on international adoptions," which it had adopted during the autumn session. The motion calls for the Federal Council to reconsider its decision of January 29, 2025, to prohibit adoptions from abroad and to task the Federal Department of Justice and Police (FDJP) with drafting a corresponding preliminary proposal, and instead propose a legal framework that strengthens control mechanisms and reduces the risk of abuse. The National Council's Committee on Legal Affairs (RK-S) proposes amending the motion to include the scenarios developed by the expert group on "International Adoption." These scenarios, ranging from a complete withdrawal from international adoptions to a reform of the system, are contained in the final report of June 27, 2024, submitted to the Federal Office of Justice (FOJ). The motion also calls for the Federal Council to consider the reactions to its decision of January 29, 2025, as well as the will of the National Council, in its consultation report. Finally, the consultation draft should also include ways to improve access to information about ancestry and support for those seeking this information. The commission unanimously adopted the amended motion.
Nationwide debt enforcement register information
24,065auto" style="vertical-align: inherit;">The commission addressed proposal 24.065, "Federal Act on Debt Enforcement and Bankruptcy (Debt Enforcement Information, Electronic Service of Documents and Online Auctions), Amendment," for the first time and unanimously approved it. The National Council had previously decided to include in this proposal, in addition to the specific amendments proposed by the Federal Council for the modernization of debt enforcement and bankruptcy law, the legal basis for nationwide debt enforcement register information. Before the commission begins its detailed deliberations, it has tasked the administration with clarifying several outstanding issues.
Other business
- 24,461">The commission has approved parliamentary initiative 24.461, submitted by National Councilor Bregy, by a vote of 9 to 3. This initiative calls for a further simplification of the abbreviated procedure under the Code of Criminal Procedure. Under certain conditions, procedural steps, such as holding a first-instance trial, should be waived. The National Council's Criminal Justice Committee (RK-N) is now tasked with drafting a corresponding proposal.
The Commission met in Bern on November 17, 2025, under the chairmanship of National Councillor Daniel Jositsch (S, ZH).