Commentaries: Art. 64c

In cases of lifelong incarceration under Article 64 paragraph 1^bisthe competent authority shall considerex officio or on application whether there are any new scientific findings that lead to the expectation that the offender can be treated so that they will no longer pose a risk to the public. It decides on the basis of a report from the Federal Commission for the Assessment of the Treatability of Offenders subject to Lifelong Incarceration.
If the competent authority concludes that the offender can be treated, it shall offer them the option of treatment. 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 Until the order imposing lifelong incarceration has been revoked in accordance with paragraph 3, the provisions on the execution of lifelong incarceration continue to apply.
If the treatment demonstrates that the risk posed by the offender has been considerably reduced and may be reduced to the extent that they no longer pose a risk to the public, the court shall revoke the order imposing lifelong incarceration and order an in-patient therapeutic measure in accordance with Articles 59–61 in a secure institution.
The court may grant the offender parole from lifelong incarceration if they no longer pose a risk to the public due to old age, serious illness or on other grounds. Parole is governed by Article 64a .
The court that ordered lifelong incarceration is responsible for deciding whether parole should be granted. 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 their care.
Paragraphs 1 and 2 also apply during the execution of the custodial sentence that precedes lifelong incarceration. 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.