Executive Summary

On 13 May 2026, the Federal Council decided to modernize administrative criminal law (VStrR) while expanding procedural rights for accused persons. The public consultation on the planned revision, which was opened in January 2024, showed broad support for the intended clarifications to increase legal certainty. The Federal Department of Justice and Police (EJPD) was tasked with preparing a message that carefully weighs the costs and benefits of individual reform steps – given the Federal Government's tight financial situation and the cantons' reservations against taking on additional tasks.

Persons

  • Federal Council (collectively)

Topics

  • Administrative criminal law
  • Legal certainty
  • Federalism/Cantons
  • Justice reform

Clarus Lead

The modernization of administrative criminal law is not failing due to lack of substantive approval, but rather due to the financing question. While the Criminal Procedure Code is recognized as a model and the cantons welcome the gains in legal certainty, the Federal Government's tight budget blocks an ambitious implementation. This forces the EJPD to triage: which reforms are worthwhile, which can wait? The decision signals that reform objectives will in future be more closely tied to budgetary constraints – a pattern that has effects beyond the judiciary.

Detailed Summary

The revision of administrative criminal law follows a parliamentary mandate from Motion 14.4122 (Caroni), which called for modernization of the subject matter. The Federal Council opened the public consultation in January 2024 with the aim of fundamentally aligning the VStrR with the provisions of the Criminal Procedure Code. This would have had two effects: first, an expansion of procedural rights for accused persons; second, the provision of modern procedural instruments for administrative criminal prosecution authorities.

The feedback from the public consultation confirmed the need for reform. The intended clarifications would increase legal certainty – a consensus between the Federal Government and the cantons. However, the cantons made a clear reservation: they rejected taking on additional tasks. At the same time, the Federal Council recognized that significant additional costs would also arise at the federal level. This cost burden coincided with a tight financial situation for the Federal Government. Consequently, on 13 May 2026, the Federal Council decided to carry out the adjustment of administrative criminal law "as cost-efficiently as possible." The EJPD was tasked with submitting a message that differentiates individual reform steps according to the criterion of cost-benefit ratio.

Key Statements

  • The Federal Council is pursuing a modernization of administrative criminal law following the model of the Criminal Procedure Code to increase legal certainty.
  • Cantons and the Federal Government reject cost increases; the Federal Government's tight financial situation forces a prioritization of reform measures.
  • The EJPD must prepare a differentiated message that recommends only cost-effective and high-value reforms.

Critical Questions

  1. Evidence/Data Quality: What concrete cost projections are available to the cantons and the Federal Government, and on what data basis were these determined?

  2. Conflicts of Interest: To what extent could the focus on costs lead to necessary expansions of procedural rights for accused persons being omitted, even though these may be constitutionally required?

  3. Causality: Is the Federal Government's tight financial situation the primary obstacle to reform, or do political resistances to individual reforms also play a role?

  4. Feasibility: How will the EJPD ensure that a "cost-efficient" implementation does not result in fragmented or incoherent regulations that jeopardize the intended legal certainty?

  5. Alternatives: Were financing models (e.g., fee increases, redistribution within the EJPD budget) examined to enable full reform?

Sources

Primary Source: Federal Council statement on the modernization of administrative criminal law – https://www.news.admin.ch/de/newnsb/Y6ZSIA9RTTPW (13.05.2026)

Verification Status: ✓ 13.05.2026

This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-checking: 13.05.2026