Swiss Criminal Code

¹ If the of­fend­er is suf­fer­ing from a ser­i­ous men­tal dis­order or if he is de­pend­ent on ad­dict­ive sub­stances or in any oth­er way, the court may or­der that he re­ceive out-pa­tient rather than in-pa­tient treat­ment if:

a.

the of­fend­er com­mits an of­fence in which his con­di­tion is a factor; and

b.

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

² The court may de­fer the ex­e­cu­tion of an un­sus­pen­ded cus­todi­al sen­tence im­posed at the same time, a sus­pen­ded cus­todi­al sen­tence due for ex­e­cu­tion fol­low­ing re­voc­a­tion of sus­pen­sion and the re­mainder of a sen­tence due for ex­e­cu­tion fol­low­ing a re­call to cus­tody to give pre­ced­ence to out-pa­tient treat­ment in or­der to take ac­count of the form of the treat­ment. It may or­der pro­ba­tion as­sist­ance and is­sue con­duct or­ders for the dur­a­tion the treat­ment.

³ The com­pet­ent au­thor­ity may or­der the of­fend­er to be treated tem­por­ar­ily as an in-pa­tient if this is re­quired in or­der to ini­ti­ate the out-pa­tient treat­ment. The peri­od of in-pa­tient treat­ment may not ex­ceed two months.

⁴ The peri­od of out-pa­tient treat­ment may not nor­mally ex­ceed five years. If the con­tinu­ation of the out-pa­tient treat­ment is con­sidered ne­ces­sary at the end of the five-year peri­od in or­der to re­duce the risk of fur­ther felon­ies and mis­de­mean­ours in which a men­tal dis­order is a factor, the court may at the re­quest of the ex­ec­ut­ive au­thor­ity con­tin­ue the treat­ment for a fur­ther peri­od of from one to five years.