Swiss Criminal Code

¹ A per­son sub­ject to the ex­e­cu­tion of a meas­ure un­der Art­icles 59–61, may only be ac­com­mod­ated without in­ter­rup­tion sep­ar­ately from the oth­er in­mates of an in­sti­tu­tion for the ex­e­cu­tion of meas­ures if this is es­sen­tial:

a.

as a tem­por­ary thera­peut­ic meas­ure;

b.

for the pro­tec­tion of oth­er in­mates of the in­sti­tu­tion or of third parties;

c.

as a dis­cip­lin­ary sanc­tion;

d.¹²²

to pre­vent oth­er pris­on in­mates from be­ing in­flu­enced by ideas that may en­cour­age them to carry out ter­ror­ist activ­it­ies, provided there is spe­cif­ic evid­ence of such an in­flu­ence.

² At the start of the ex­e­cu­tion of the meas­ure, a sen­tence man­age­ment plan is drawn up in con­sulta­tion with the in­mate or his leg­al rep­res­ent­at­ive. This in­cludes in par­tic­u­lar de­tails of the treat­ment of the in­mate's men­tal dis­order, de­pend­ence or de­vel­op­ment­al dis­order and on meas­ures to pre­vent the en­dan­ger­ment of oth­ers.

^2bis Meas­ures un­der Art­icles 59–61 and 64 may be ex­ecuted in the form of ex­tern­al ac­com­mod­a­tion and day re­lease em­ploy­ment if there is a jus­ti­fied opin­ion that this will sig­ni­fic­antly con­trib­ute to the aim of the meas­ure be­ing achieved, and if there is no risk that the in­mate will ab­scond or will com­mit fur­ther of­fences. Art­icle 77a para­graphs 2 and 3 ap­plies by ana­logy.¹²³

³ If the in­mate is able to work, he is re­quired to work to the ex­tent that his in-pa­tient treat­ment or care re­quires or per­mits. Art­icles 81–83 ap­ply in an ana­log­ous man­ner.

⁴ Art­icle 84 ap­plies by ana­logy to the re­la­tions of the in­mates of an in­sti­tu­tion for the ex­e­cu­tion of meas­ures with the out­side world, un­less ad­di­tion­al re­stric­tions are re­quired for reas­ons re­lat­ing to the in-pa­tient treat­ment.

^4bis Art­icle 75a ap­plies by ana­logy to ad­mis­sion to an open in­sti­tu­tion and to the au­thor­isa­tion of a re­lax­a­tion in the meas­ures re­gime.¹²⁴

^4ter Dur­ing lifelong in­car­cer­a­tion, it is not per­mit­ted to au­thor­ise re­lease on tem­por­ary li­cence or a re­lax­a­tion of the sen­tence re­gime.¹²⁵

⁵ Art­icle 85 ap­plies by ana­logy to searches and in­spec­tions.