Swiss Criminal Code

¹ If the out-pa­tient treat­ment has been suc­cess­fully com­pleted, the sus­pen­ded cus­todi­al sen­tence is not ex­ecuted.

² If out-pa­tient treat­ment is ter­min­ated due to there be­ing no pro­spect of suc­cess (Art. 63a para. 2 let. b), the stat­utory max­im­um dur­a­tion be­ing reached (Art. 63a para. 2 let. c) or its be­ing un­suc­cess­ful (Art. 63a para. 3), the sus­pen­ded cus­todi­al sen­tence is ex­ecuted.

³ If out-pa­tient treat­ment con­duc­ted while the of­fend­er is at liberty is con­sidered a risk to third parties, the sus­pen­ded cus­todi­al sen­tence is ex­ecuted and the out-pa­tient treat­ment con­tin­ued while the cus­todi­al sen­tence is be­ing served.

⁴ The court de­cides on the ex­tent to which the depriva­tion of liberty as­so­ci­ated with the out-pa­tient treat­ment is taken in­to ac­count in de­term­in­ing the cus­todi­al sen­tence. 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.

⁵ In­stead of the ex­e­cu­tion of the sen­tence the court may or­der an in-pa­tient thera­peut­ic meas­ure un­der Art­icles 59–61 if it is to be ex­pec­ted that this will re­duce the risk of the of­fend­er com­mit­ting fur­ther felon­ies or mis­de­mean­ours in which his con­di­tion is a factor.