SCC Art. 59 -

Einleitung zur Rechtsnorm SCC:

Art. 59 SCC from 2025

Art. 59 In-patient therapeutic measures Treatment of mental disorders

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

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. ⁽¹⁾

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.