The Commission under Article 62d paragraph 2 shall, with a view to a transfer to an open penal institution and the authorisation of a relaxation in the execution of the sentence, assess the danger to the community of the offender if:
they have committed a felony in terms of Article 64 paragraph 1; and
the executive authority cannot satisfactorily answer the question of whether they are a danger to other prison inmates.
Fussnoten
- [121] 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).
Relaxation of the execution of the sentence involves easing the regime for the deprivation of liberty, in particular by means of a transfer to an open institution, the granting of release on temporary licence, the authorisation of day release employment or of external accommodation and the granting of parole.
Danger to the community is assumed if there is a risk that the prison inmate will abscond and commit a further offence that severely prejudices the physical, psychological or sexual integrity of another person.