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<p>The number of older individuals in custodial sentences and court-ordered forensic commitment has been steadily increasing for over two decades. Currently, 11.9% of individuals in Swiss forensic commitment are aged 60&#xa0;years or older, more than twice the proportion observed in the regular prison system (4.9%). Particularly striking is the fact that 42.9% of persons subject to indefinite detention fall within this age group. Despite this development, delinquency among older offenders remains largely neglected in criminological, political and public discourse. This paper analyzes the lived realities of older interned persons and examines whether existing custodial and forensic structures adequately address their specific needs. Methodologically, the study draws on Swiss correctional data, international literature and a&#xa0;comparative analysis of various national care and service models. The focus lies on medical, psychological and social challenges as well as on the question of whether and under what conditions rehabilitative objectives can be meaningfully pursued in very old or medically impaired individuals. The article distinguishes between three offender groups (late-onset offenders, persistently delinquent offenders and individuals who have aged within the custodial system), discusses international care models and identifies structural deficits. Against this background, the introduction of an “age-related clause” is proposed as a&#xa0;legal policy stimulus. Such a&#xa0;provision would mandate a&#xa0;systematic proportionality assessment for very old individuals in custodial sentences and forensic commitment, without prescribing automatic legal consequences.</p>

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Altersdelinquenz im demografischen Wandel

  • 期刊论文

  • 出版模式：

    开放获取

  • 发表日期：

    2026年5月8日

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  • Nikolaus Bausch-Becker,
  • Elmar Habermeyer,
  • Nathalie Brackmann

摘要

The number of older individuals in custodial sentences and court-ordered forensic commitment has been steadily increasing for over two decades. Currently, 11.9% of individuals in Swiss forensic commitment are aged 60 years or older, more than twice the proportion observed in the regular prison system (4.9%). Particularly striking is the fact that 42.9% of persons subject to indefinite detention fall within this age group. Despite this development, delinquency among older offenders remains largely neglected in criminological, political and public discourse. This paper analyzes the lived realities of older interned persons and examines whether existing custodial and forensic structures adequately address their specific needs. Methodologically, the study draws on Swiss correctional data, international literature and a comparative analysis of various national care and service models. The focus lies on medical, psychological and social challenges as well as on the question of whether and under what conditions rehabilitative objectives can be meaningfully pursued in very old or medically impaired individuals. The article distinguishes between three offender groups (late-onset offenders, persistently delinquent offenders and individuals who have aged within the custodial system), discusses international care models and identifies structural deficits. Against this background, the introduction of an “age-related clause” is proposed as a legal policy stimulus. Such a provision would mandate a systematic proportionality assessment for very old individuals in custodial sentences and forensic commitment, without prescribing automatic legal consequences.