Commentaries: Art. 65

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.¹The competent court is the court that imposed the sentence or ordered indefinite incarceration. The execution of any remainder of the sentence is deferred.
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 410−415 Criminal Procedure Code²).³⁴

Amended 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). ↩
SR 312.0 ↩
Second sentence amended by Annex 1 No 4 of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468;BBl 2019 6697). ↩
Inserted 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. 65