3rd Title: Confederation, Cantons and Communes
Chapter 2: Powers
Section 10: Civil Law, Criminal Law, Weights and Measures
Art. 123a
1 If a sex offender or violent offender is regarded in the reports required for sentencing as being extremely dangerous and his or her condition assessed as untreatable, he or she must be incarcerated until the end of his or her life due to the high risk of reoffending. Early release and release on temporary licence are not permitted.
2 Only if new scientific findings prove that the offender can be cured and thus no longer represents a danger to the public can new reports be drawn up. If the offender is released on the basis of these new reports, the authorities granting his or her release must accept liability if he reoffends.
3 All reports assessing sex offenders or violent offenders must be drawn up by at least two experienced specialists who are independent of each other. The reports must take account of all the principles that are important for the assessment.
Book Two : Specific Provisions
Title Twelvebis : Genocide and Crimes against Humanity
Art. 264a
2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
3 In less serious cases under paragraph 1 letters c–j, a custodial sentence of not less than one year may be imposed.
Book Two : Specific Provisions
Title Twelveter : War Crimes
Art. 264c
3 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
4 In less serious cases under paragraph 1 letters c–g, a custodial sentence of not less than one year may be imposed.
Book Two : Specific Provisions
Title Twelveter : War Crimes
Art. 264d
2 In especially serious cases of attacks on persons, a custodial sentence of life may be imposed.
Book Two : Specific Provisions
Title Twelveter : War Crimes
Art. 264e
2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
Book Two : Specific Provisions
Title Twelveter : War Crimes
Art. 264f
2 In especially serious cases, and in particular where the offence affects a number of children or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
Book Two : Specific Provisions
Title Twelveter : War Crimes
Art. 264g
2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
Book Two : Specific Provisions
Title Twelveter : War Crimes
Art. 264h
2 In especially serious cases, a custodial sentence of life may be imposed.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.