What happens at the barracks, stays at the barracks?

My son had a road accident during his military service and was convicted. What will the consequences be for him in civilian life?

Muriel, Geneva

Your concern is legitimate, but rest assured: a military conviction does not necessarily equate to an indelible stain on your son's record.

Contrary to popular belief, Switzerland does not have a separate «military» criminal record distinct from the «civilian» one. The VOSTRA system, managed by the Federal Office of Justice, centralises all convictions, whether they come from ordinary or military courts. In other words, we are all in the same boat.

In the military sphere, the «Auditor» may issue convictions, and the Military Court may convict or acquit through judgements; these decisions may be appealed to the Court of Appeal and, as a last resort, to the Military Court of Cassation.

However, section 18 of the Federal Criminal Records Act stipulates that purely disciplinary military penalties, i.e. those imposed by the commanding officer, are not entered in the criminal record. You can therefore hope that your son's conviction falls into this category.

For other convictions handed down by military courts, the usual rules apply. Final judgments for crimes, offences and contraventions punishable by a fine of more than CHF 5,000 or community service of more than 180 hours are entered in the criminal record. A road accident resulting in such a conviction for a serious violation of traffic regulations could therefore appear on the record.

If the conviction that concerns you appears on his criminal record, your son will have to take this into account in certain situations in civilian life. A future employer may request a criminal record extract, particularly for sensitive positions. However, the criminal record extract intended for individuals is more limited than the one accessible to the authorities. In addition, entries are not permanent: they are automatically deleted after a certain period of time, depending on the seriousness of the offence committed.

Your son can request his own criminal record extract to find out exactly what is on it. This will enable him to better anticipate situations where his background may be scrutinised and, if necessary, prepare contextualised explanations.

Ultimately, a military conviction does not necessarily spell disaster for civilian life. It all depends on the nature and severity of the offence. In many cases, the impact is limited, especially if your son now behaves in an exemplary manner.