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It makes a decision on such matters at least once each year. It shall first grant a hearing to the offender and obtain a report from the governing body of the relevant institution. The specialists and psychiatrists concerned must not be those responsible for the treatment or care of the offender. It may order probation assistance and issue conduct orders for the duration the treatment. The period of in-patient treatment may not exceed two months. 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.
It shall first grant a hearing to the offender and obtain a report from the therapists. The provisions on parole in relation to the custodial sentence Art.
The court that ordered indefinite incarceration is responsible for the decision on parole. In addition, Article 64 a applies. Public safety must be guaranteed.
CC Swiss Criminal Code of 21 December
The offender receives psychiatric care if this is necessary. For the duration of the probationary period, probation assistance may be ordered and conduct orders may be imposed. It decides on the basis of a report from the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration. Treatment is carried out in a secure institution. Until the order imposing lifelong incarceration has been revoked in accordance with paragraph 3, the provisions on the execution of lifelong incarceration continue to apply. Parole is governed by Article 64 a.
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It bases 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. Lifelong incarceration shall be revoked in accordance with paragraph 3 at the earliest when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence. The execution of any remainder of the sentence is deferred.
Jurisdiction and procedure are determined by the rules that apply to re-opening a case.
The period of detention for security reasons may not be for more than two months. It is executed in the same way as a short custodial sentence Art. If no offence is committed, the security is returned. In such cases, account must be taken of the special position of foreign nationals who were born or have grown up in Switzerland. The court may expel a foreign national from Switzerland for years if he is convicted and sentenced or made subject to a measure under Articles or 64 for a felony or misdemeanour that is not listed in Article 66 a. At the request of the executive authority, it may extend a prohibition order that is limited in time in terms of paragraph 2 by a maximum of five years on any one occasion if this is deemed necessary to prevent the offender from committing further felonies and misdemeanours of the type that led to the prohibition order.
The court may not refrain from imposing a prohibition order if the offender:. This portion of the sentence, the measure and the offence are decisive in determining whether an activity prohibition order under paragraph 1, 2, 2 bis , 3 or 4 is imposed. The sentence portions for two or more relevant offences are added together. More than one activity prohibition order may be imposed. Organised non-professional activities are activities that are not or not primarily carried on for pecuniary gain and which are carried on in the context of an association or other organisation.
These devices may in particular serve to determine the offender's location. The court or the executive authority may revoke or make a new order for probation assistance. If the offender has used a motor vehicle in order to commit a felony or misdemeanour and where there is a risk of re-offending, the court, in addition to imposing a sentence or measure under Articles , may order that the offender forfeit his provisional or full driving licence for a period of between one month and five years.
The rights of persons harmed or third parties expire five years after the date on which official notice is given. Such seizure does not accord the State preferential rights in the enforcement of the equivalent claim. The court shall order the forfeiture of all assets that are subject to the power of disposal of a criminal organisation. In the case of the assets of a person who participates in or supports a criminal organisation Art.
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The human dignity of the prison inmates or of the inmates of an institution for the execution of measures must be respected. Their rights may only be limited to the extent that that is required for the deprivation of their liberty and their co-existence in the penal institution. The conditions under which sentences are executed must correspond as far as possible with those of normal life, guarantee the supervision of the prison inmates, counteract the harmful consequences of the deprivation of liberty and take appropriate account of the need to protect the general public, the institution staff and other inmates.
This plan in particular contains details of the supervision offered, the opportunities to work and receive basic or advanced training, making reparation, relations with the outside world and preparations for release. The change to day release employment normally takes place following an appropriate period spent in an open institution or the open section of a secure institution.
Work outside the institution may also include housework and caring for children. Here the prison inmate lives and works outside the institution, but remains under the supervision of the executive authority. Solitary confinement in the form of uninterrupted separation from other prison inmates may only be ordered:. The work is unpaid.
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In the case of community service carried out in lieu of a fine, this period may not exceed one year. Wherever possible, the work should be appropriate to his skills, education and training and his interests. Where he shows the required aptitude and the possibility exists, the prison inmate is given the opportunity to undergo basic and advanced training appropriate to his skills.
The remaining part is withheld until the inmate has been released. The wage may neither be pledged, seized nor included in an insolvent estate. Any assignment or pledge of the wage is null and void. Contact with close relatives and friends shall be facilitated.
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The monitoring of visits is not permitted without the knowledge of those concerned. The foregoing does not apply to procedural measures in order to secure evidence for the purposes of a prosecution. Visits from the defence attorney may be supervised but conversations may not be listened in on. Inspecting the content of correspondence and attorneys' documents is not permitted.
Contact with attorneys may be prohibited by the competent authority in the event of abuse. The search must be conducted by a person of the same gender. If the removal of clothing is required, this must be carried out in the absence of other prison inmates. Searches of body cavities must be carried out by a doctor or other medically qualified staff. It shall obtain a report from the institution board. The prison inmate shall be granted a hearing. The period however amounts to at least one year and no more than five years. It may impose conduct orders on the person released on parole.
A recall to custody in accordance with Article 95 paragraph 5 is not possible in such cases. If the person released on parole is of good behaviour throughout the probationary period, he is granted final release. It may admonish the offender and extend the probationary period by no more than half of the period originally fixed by the competent authority.
If the extension is ordered after the expiry of the original probationary period, it begins on the day on which it is ordered.