Swiss Criminal Code

¹ A meas­ure is ordered if:

a.

a pen­alty alone is not suf­fi­cient to counter the risk of fur­ther of­fend­ing by the of­fend­er;

b.

the of­fend­er re­quires treat­ment or treat­ment is re­quired in the in­terest of pub­lic safety; and

c.

the re­quire­ments of Art­icles 59–61, 63 or 64 are ful­filled.

² The or­der­ing of a meas­ure re­quires that the re­lated in­ter­ven­tion in the per­son­al rights of the of­fend­er is not un­reas­on­able in view of the prob­ab­il­ity and ser­i­ous­ness of ad­di­tion­al of­fences.

³ In or­der­ing a meas­ure un­der Art­icles 59–61, 63 and 64 and in modi­fy­ing the sanc­tion in ac­cord­ance with Art­icle 65, the court shall base its de­cision on an ex­pert as­sess­ment. This shall provide an opin­ion on:

a.

the ne­ces­sity and the pro­spects of suc­cess of any treat­ment of the of­fend­er;

b.

the nature and the prob­ab­il­ity of pos­sible ad­di­tion­al of­fences; and

c.

the ways in which the meas­ure may be im­ple­men­ted.

⁴ If the of­fend­er has com­mit­ted an of­fence in terms of Art­icle 64 para­graph 1, the as­sess­ment must be con­duc­ted by an ex­pert who has neither treated the of­fend­er be­fore nor been re­spons­ible in any oth­er way for his care.

^4bis If con­sid­er­a­tion is giv­en to or­der­ing lifelong in­car­cer­a­tion in ac­cord­ance with Art­icle 64 para­graph 1^bis, the court shall base 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.⁵¹

⁵ Nor­mally the court only or­ders a meas­ure if a suit­able in­sti­tu­tion is avail­able.

⁶ Where the re­quire­ments for a meas­ure are no longer ful­filled, it is re­voked.