Executive Summary

The Security Policy Commission of the National Council (SPK-N) proposed on 11 June 2026 an amendment to the Criminal Code (StGB) and the Military Criminal Code. The initiative aims to tighten the hardship clause in the deportation of criminal foreigners. In cases of conviction for violent crimes, ties to the country of origin should no longer be considered. The consultation period runs until 2 October 2026.

Persons

  • Federal Council (Institution)

Topics

  • Foreign policy
  • Criminal law
  • Security

Clarus Lead

The tightening of deportation for violent crimes signals a shift in the weighing of interests: public safety takes precedence over personal ties. This could have significant consequences for legal practice, as the discretionary application of the hardship clause – hitherto a central instrument for avoiding disproportionate hardship – would be eliminated for serious crimes. The commission justifies this with the principle of "common sense," which reflects a normative reassessment of proportionality in deportation law.

Detailed Summary

The proposed amendments concern two central legal bases: Article 66a of the Criminal Code and Article 49a of the Military Criminal Code, both of which regulate mandatory deportation. Currently, paragraph 2 of these articles provides for a hardship clause that permits criminal authorities to refrain from deportation if it would be disproportionate – for example, because the affected person has strong ties to the country of origin or faces existential risks there.

The SPK-N proposal would systematically restrict this discretionary scope in cases of violent crimes. In future, ties to the country of origin may no longer be considered in the weighing of interests if there is a conviction for a violent crime. This represents a shift away from individualized proportionality review toward a category-based rule that defines violent crimes as an automatic ground for deportation.

The consultation period until 2 October 2026 allows for comments from cantons, interest groups, and specialist organizations before the Federal Council submits a message to Parliament.

Key Statements

  • Hardship clause for violent crimes should no longer take into account ties to the country of origin
  • Article 66a Criminal Code and Article 49a Military Criminal Code are to be amended
  • Consultation period: until 2 October 2026

Critical Questions

  1. Evidence: What empirical data demonstrate that the previous application of the hardship clause in violent crime cases has led to security deficiencies?

  2. Causality: Is it proven that the consideration of country-of-origin ties in violent offenders increases recidivism rates or endangers public safety?

  3. Proportionality: How is it ensured that a categorical exception to the hardship clause does not lead to legally problematic cases (e.g., deportation to countries with persecution risks)?

  4. Conflicts of Interest: Which stakeholders have advanced this initiative, and what positions do cantons and affected parties' associations take on it?

  5. Feasibility: How is "violent crime" legally defined precisely, and where are the limits to its applicability?

  6. Alternatives: Were milder instruments (e.g., tightening of prognosis review) considered before the hardship clause was entirely excluded?

Sources

Primary Source: Federal Council – Security Policy Commission National Council (SPK-N), Initiative 23.443 n Pa. Iv. Addor. – https://www.news.admin.ch/de/newnsb/IBmYXVBuHPZYYuD7HhQGj

Verification Status: ✓ 11.06.2026

This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-check: 11.06.2026