Commentaries: Art. 46

If the offender commits a felony or misdemeanour during the probationary period and if it therefore must be expected that they will commit further offences, the court shall revoke the suspended sentence or the suspended part of the sentence. If the revoked sentence and the new sentence are of the same type, they shall form a cumulative sentence in analogous application of Article 49.¹
If it is not expected that the offender will commit further offences, the court shall not revoke the suspended sentence. It may admonish the offender or extend the probationary period by up to one half of the duration specified in the judgment. The court may order probation assistance and impose conduct orders for the duration of the extended probationary period. If the extension begins after the expiry of the probationary period, the extended period begins on the day that it is ordered.
The court that judges the new felony or misdemeanour also decides on revocation.
If the offender fails to attend for probation assistance or disregards the conduct orders, Article 95 paragraphs 3–5 apply.
Revocation may no longer be ordered if three years have elapsed since the expiry of the probationary period.

Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249;BBl 2012 4721). ↩

Art. 46