Commentaries: Art. 64

The court shall order indefinite incarceration if the offender has committed murder, intentional homicide, serious assault, rape, robbery, hostage taking, arson, endangering life or another offence that carries a maximum sentence of five or more years by which the offender has caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person, and if:¹
1. due to the offender’s personality traits and general personal circumstances and the circumstances of the offence, it is seriously expected that they will commit further offences of the same type; or
2. due to a permanent or long-term mental disorder of considerable gravity that was a factor in the offence, it is seriously expected that the offender will commit further offences of the same type and the ordering of a measure in accordance with Article 59 does not promise any success.
a. the offender, by committing the offence, caused or intended to cause serious detriment to the physical, psychological or sexual integrity of another person. b. There is a high probability that the offender will commit one of these felonies again. c. The offender is assessed as being permanently untreatable, as the treatment offers no long-term prospect of success.²
The court shall order lifelong incarceration if the offender has committed murder, intentional homicide, serious assault, robbery, rape, indecent assault, false imprisonment or abduction, hostage-taking, enforced disappearance of persons, trafficking in human beings, genocide, or a felony under the heading of crimes against humanity or war crimes (Title Twelve) and if the following requirements are met:³
The execution of the custodial sentence takes priority over indefinite incarceration. The provisions on parole in relation to the custodial sentence (Art. 86–88) do not apply.⁴
If during the execution of the custodial sentence, it is expected that the offender will prove to be of good behaviour when at liberty, the court shall order parole from the custodial sentence at the earliest from the time when the offender has served two thirds of a specific custodial sentence or 15 years of a life sentence. The court that ordered indefinite incarceration is responsible for the decision on parole. In addition, Article 64a applies.⁵
Indefinite incarceration is executed in a therapeutic institution or in a penal institution in accordance with Article 76 paragraph 2. Public safety must be guaranteed. The offender receives psychiatric care if this is necessary.

Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 35393544;BBl 2005 4689). ↩
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). ↩
Amended by Annex 2 No 1 of the FedD of 18 Dec. 2015 on the Approval and Implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, in force since 1 Jan. 2017 (AS 2016 4687;BBl 2014 453). ↩
Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 35393544;BBl 2005 4689). ↩
Amended by No I of the FA of 24 March 2006 (Revision of the Law on Sanctions and the Register of Convictions), in force since 1 Jan. 2007 (AS 2006 35393544;BBl 2005 4689). ↩

Art. 64

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