Swiss Criminal Code

¹ In cases of lifelong in­car­cer­a­tion un­der Art­icle 64 para­graph 1^bis the com­pet­ent au­thor­ity shall con­sider ex of­fi­cio or on ap­plic­a­tion wheth­er there are any new sci­entif­ic find­ings that lead to the ex­pect­a­tion that the of­fend­er can be treated so that he will no longer pose a risk to the pub­lic. It de­cides on the basis of a re­port from the Fed­er­al Com­mis­sion for the As­sess­ment of the Treat­ab­il­ity of Of­fend­ers sub­ject to Lifelong In­car­cer­a­tion.

² If the com­pet­ent au­thor­ity con­cludes that the of­fend­er can be treated, it shall of­fer him the op­tion of treat­ment. Treat­ment is car­ried out in a se­cure in­sti­tu­tion. Un­til the or­der im­pos­ing lifelong in­car­cer­a­tion has been re­voked in ac­cord­ance with para­graph 3, the pro­vi­sions on the ex­e­cu­tion of lifelong in­car­cer­a­tion con­tin­ue to ap­ply.

³ If the treat­ment demon­strates that the risk posed by the of­fend­er has been con­sid­er­ably re­duced and may be re­duced to the ex­tent that he no longer poses a risk to the pub­lic, the court shall re­voke the or­der im­pos­ing lifelong in­car­cer­a­tion and or­der an in-pa­tient thera­peut­ic meas­ure in ac­cord­ance with Art­icles 59–61 in a se­cure in­sti­tu­tion.

⁴ The court may grant the of­fend­er pa­role from lifelong in­car­cer­a­tion if he no longer poses a risk to the pub­lic due to old age, ser­i­ous ill­ness or on oth­er grounds. Pa­role is gov­erned by Art­icle 64a.

⁵ The court that ordered lifelong in­car­cer­a­tion is re­spons­ible for de­cid­ing wheth­er pa­role should be gran­ted. It bases its de­cision on re­ports from at least two ex­per­i­enced spe­cial­ists who are in­de­pend­ent of each oth­er and who have neither treated the of­fend­er nor been re­spons­ible in any oth­er way for his care.

⁶ Para­graphs 1 and 2 also ap­ply dur­ing the ex­e­cu­tion of the cus­todi­al sen­tence that pre­cedes lifelong in­car­cer­a­tion. Lifelong in­car­cer­a­tion shall be re­voked in ac­cord­ance with para­graph 3 at the earli­est when the of­fend­er has served two thirds of a spe­cif­ic cus­todi­al sen­tence or 15 years of a life sen­tence.