Swiss Criminal Code (SCC) Art. 65

Zusammenfassung der Rechtsnorm SCC:

Art. 65 SCC from 2024

Art. 65 5. Modification of the sanction

¹ If an offender fulfils the requirements for an in-patient therapeutic measure in terms of Articles 59–61 before or during the execution of a custodial sentence or of indefinite incarceration in accordance with Article 64 paragraph 1, the court may order this measure retrospectively. ⁽¹⁾ The competent court is the court that imposed the sentence or ordered indefinite incarceration. The execution of any remainder of the sentence is deferred.

² If during the execution of the custodial sentence, new information or evidence comes to light to the effect that the requirements for indefinite incarceration are fulfilled and already applied at the time of conviction although the court could not have had knowledge of this, the court may order indefinite incarceration retrospectively. Jurisdiction and procedure are determined by the rules that apply to a review (Arts 410415 Criminal Procedure Code ⁽²⁾ ). ^{(3) (4)}