If the offender is suffering from a serious mental disorder, the court may order in-patient treatment if:
the offender's mental disorder was a factor in a felony or misdemeanour that they committed; and
it is expected that the measure will reduce the risk of further offences being committed in which the offender’s mental disorder is a factor.
The in-patient treatment is carried out in an appropriate psychiatric institution or therapeutic institution.
If there is a risk of the offender absconding or committing further offences, the offender shall be treated in a secure institution. They may also be treated in a penal institution in accordance with Article 76 paragraph 2, provided it is guaranteed that the required therapeutic treatment can be provided by specialist staff.57
Fussnoten
- [57] 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 3539 3544; BBl 2005 4689).
The deprivation of liberty associated with in-patient treatment normally amounts to a maximum of five years. If the requirements for parole have not yet been fulfilled after five years and if it is expected that the measure will reduce the risk of further felonies or misdemeanours being committed in which the offender’s mental disorder is a factor, the court may at the request of the executive authority order the extension of the measure for a maximum of five years in any case.