Commentaries: Art. 56

A measure is ordered if:
1. a penalty alone is not sufficient to counter the risk of further offending by the offender;
2. the offender requires treatment, or treatment is required in the interest of public safety; and
3. the requirements of Articles 59–61, 63 or 64 are fulfilled.
The ordering of a measure requires that the related intervention in the personal rights of the offender is not unreasonable in view of the probability and seriousness of additional offences.
In ordering a measure under Articles 59–61, 63 and 64 and in modifying the sanction in accordance with Article 65, the court shall base its decision on an expert assessment. This shall provide an opinion on:
1. the necessity and the prospects of success of any treatment of the offender;
2. the nature and the probability of possible additional offences; and
3. the ways in which the measure may be implemented.
If the offender has committed an offence in terms of Article 64 paragraph 1, the assessment must be conducted by an expert who has neither treated the offender before nor been responsible in any other way for the offender’s care. 4bis. If consideration is given to ordering lifelong incarceration in accordance with Article 64 paragraph 1^bis, the court shall base 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 the offender’s care.¹
Normally the court only orders a measure if a suitable institution is available.
Where the requirements for a measure are no longer fulfilled, it is revoked.

Inserted by No I of the FA of 21 Dec. 2007 (Indefinite Incarceration of Extremely Dangerous Offenders), in force since 1 Aug. 2008 (AS 2008 29612964;BBl 2006 889). ↩

Art. 56

Footnotes