Swiss Criminal Code

¹ If the of­fend­er is suf­fer­ing from a ser­i­ous men­tal dis­order, the court may or­der in-pa­tient treat­ment if:

a.

the of­fend­er's men­tal dis­order was a factor in a felony or mis­de­mean­our that he com­mit­ted; and

b.

it is ex­pec­ted that the meas­ure will re­duce the risk of fur­ther of­fences be­ing com­mit­ted in which his men­tal dis­order is a factor.

² The in-pa­tient treat­ment is car­ried out in an ap­pro­pri­ate psy­chi­at­ric in­sti­tu­tion or thera­peut­ic in­sti­tu­tion.

³ If there is a risk of the of­fend­er ab­scond­ing or com­mit­ting fur­ther of­fences, he shall be treated in a se­cure in­sti­tu­tion. He may also be treated in a pen­al in­sti­tu­tion in ac­cord­ance with Art­icle 76 para­graph 2, provided it is guar­an­teed that the re­quired thera­peut­ic treat­ment can be provided by spe­cial­ist staff.⁵⁷

⁴ The depriva­tion of liberty as­so­ci­ated with in-pa­tient treat­ment nor­mally amounts to a max­im­um of five years. If the re­quire­ments for pa­role have not yet been ful­filled after five years and if it is ex­pec­ted that the meas­ure will re­duce the risk of fur­ther felon­ies or mis­de­mean­ours be­ing com­mit­ted in which his men­tal dis­order is a factor, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity or­der the ex­ten­sion of the meas­ure for a max­im­um of five years in any case.