Are you the prison if you heat up to 20 degrees instead of 19 this winter? If the gas runs out during the cold season, the Confederation could actually be prevalent in this sense. In the gas-heated buildings, the indoor temperature must not exceed 19 degrees, the hot water could not be heated to 60 degrees and the radiators or the tents of the hot air would be banned. The saunas and swimming pools, to them, should remain off.
Those who violate the directives of the government are at risk of a fine or even a prison sentence! In the case of deliberate violation of the guidelines, a sentence of up to three years in prison could be imposed. Even in the case of an offence by negligence to the measures, a monetary penalty of up to 180 days fine is possible.
This is provided for in the federal law on economic supply of the country, to which the Department for the economy (DEF) returns explicitly in an official document.
Offences, or crimes
"Violations of the law on the supply of the country are still crimes, or even from time to time crimes, and must be prosecuted by the cantons," says the spokesperson for the DEF, Markus Spörndli. The act does not propose, therefore, "no basis for the fines".
The penalties, however, should not necessarily be higher than the fines, and can be processed by order criminal by the public Ministry, explains Markus Spörndli. Thus, the daily rate of penalties is usually 30 francs and a minimum of 3000 francs to the maximum. "The number of days fine is determined as a function of the fault," says the spokesperson. And the amount of a day-fine is a function of the personal and financial circumstances of the author.
To be clear: if you have not set your thermostat by mistake, you get along better than your neighbor who has voluntarily heated pool to 25 degrees. The punishment should be even more burdensome for a company that exceeds deliberately limitations of gas consumption. The order on the quota shall also be subject to criminal provisions.
Spot checks possible
Risk-t-on a witch hunt for people to be too power-hungry? "We are not a police State, had assured the minister of the Economy, Guy Parmelin, last Wednesday during the press conference of the federal Council. The police does not pass in all the world, but it can be spot checks." In fact, there are guidelines in other areas that are not continuously monitored.
"The draft order is based primarily on the fact that the vast majority of the population abides by the laws," says Markus Spörndli.
Precisely, the controls are not excluded, especially if it is denounced by a neighbour displeased, or the avenger of neighborhood a little over-zealous. In these cases, one that heats up to 20 degrees instead of 19 may expect a fine. The spokesperson for the ETD is confirmed, at least "if the offence was reported, and controlled, and then could be proven".
Controls in the grey area
The Confederation is, however, perfectly aware that she is in a gray area. The only question is whether the measures are carried out in the right place, it is generally more cost on an outside wall as an inside wall – could occupy the courts.
In his explanations, the DEF said that it is "extremely difficult to define the criterion 'not used' in a manner more detailed and more precise" in relation to the prohibition of the heating of buildings not used. The question of where the boundary between use and non-use reasonably should be "place of the legislator in front of a big challenge."
Apply the law with "discernment"
The challenge is even greater for the cantons which need to check the requirements of prohibition. The director of the police, Fredy Fässler, had already called the Confederation to "order of the measures that are applicable and especially controllable".
The State councillor, saint-welsh still does not want to comment specifically on the question of whether the orders presented to meet this wish, referring to the current consultation.
"However, there are still a few open questions that need to be clarified," says Fredy Fässler at Blick. Thus, it would be necessary to delineate precisely what authority or institution is responsible for what controls. The councillor of State does not want the police the power to do door-to-door: "We want to apply the order with discernment."
As this is sometimes a product of the time of the pandemic of Covid, Fredy Fässler knows that he must expect some to come forward. "If a complaint is filed in this sense, the police must act," says the director of the police.
https://www.blick.ch/fr/news/suisse/en-cas-de-penurie-denergie-ceux-qui-chaufferont-trop-leur-maison-pourraient-risquer-la-prison-id17851103.html
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