Swiss Criminal Code

¹A meas­ure is ter­min­ated, if:

a.

its im­ple­ment­a­tion or con­tinu­ation ap­pears to have no pro­spect of suc­cess;

b.

the max­im­um dur­a­tion un­der Art­icles 60 and 61 has been reached and the re­quire­ments for the pa­role do not ap­ply; or

c.

a suit­able in­sti­tu­tion does not ex­ist or no longer ex­ists.

²If the depriva­tion of liberty as­so­ci­ated with the meas­ure is for a short­er peri­od than the sus­pen­ded cus­todi­al sen­tence, the re­mainder of the sen­tence is ex­ecuted. If the re­quire­ments for pa­role or a sus­pen­ded cus­todi­al sen­tence ap­ply in re­la­tion to the re­mainder of the sen­tence, ex­e­cu­tion of the sen­tence is sus­pen­ded.

³In­stead of or­der­ing the ex­e­cu­tion of the sen­tence, the court may or­der an­oth­er meas­ure if it is to be ex­pec­ted that such a meas­ure will re­duce the risk of the of­fend­er com­mit­ting fur­ther felon­ies and mis­de­mean­ours in which his con­di­tion is a factor.

⁴If there is a ser­i­ous ex­pect­a­tion that if a meas­ure ordered in re­spect of an of­fence in terms of Art­icle 64 para­graph 1 is ter­min­ated, the of­fend­er will com­mit fur­ther such of­fences, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity or­der his in­def­in­ite in­car­cer­a­tion.

⁵If the com­pet­ent au­thor­ity re­gards an adult pro­tec­tion meas­ure to be ap­pro­pri­ate on the ter­min­a­tion of the meas­ure, it shall in­form the adult pro­tec­tion au­thor­ity of this.¹

⁶Fur­ther­more, the court may ter­min­ate an in-pa­tient thera­peut­ic meas­ure be­fore or dur­ing its im­ple­ment­a­tion and or­der an­oth­er in-pa­tient thera­peut­ic meas­ure in its place if it is ex­pec­ted that the new meas­ure has a sig­ni­fic­antly bet­ter chance of re­du­cing the risk of the of­fend­er com­mit­ting fur­ther felon­ies and mis­de­mean­ours in which his con­di­tion is a factor.