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considering a suspension. In all other respects, section 454 (2) shall apply to the
offences mentioned therein. In preparing the decision pursuant to section 67d (3) of
the Criminal Code and the subsequent decisions pursuant to section 67d (2) of the
Criminal Code, the court shall obtain an opinion from an expert which focuses in
particular on the question of whether it is to be expected that the convicted person
will continue to commit serious unlawful acts. If placement in
preventive detention
has been ordered and the convicted person has no defence counsel, the court shall
appoint such counsel in good time prior to a decision pursuant to section 67c (1) of
the Criminal Code.
(4) As part of its review of placement in a psychiatric hospital (section 63 of the
Criminal Code) pursuant to section 67e of the Criminal Code, the court shall obtain
an expert opinion from the facility providing measures of reform and prevention into
which the convicted person has been placed. The court shall obtain an expert
opinion every three years, after six years every two
years of placement in a
psychiatric hospital. The expert may neither have been concerned with the
treatment of the person subject to an order for placement within the context of
enforcement of the placement nor may he be working in the psychiatric hospital in
which the person has been placed, nor should he have
drawn up the last expert
opinion rendered during a previous review. The expert who is called in to render the
first expert opinion during a review of placement may also not have rendered the
expert opinion in the proceedings in which the placement or its subsequent
enforcement was ordered. Only experts who are physicians or psychologists and
have expert knowledge of and experience in forensic psychology shall be
commissioned with rendering an expert opinion. The expert is to be granted
inspection of the patient data kept by the hospital on the detainee. Section 454 (2)
shall apply accordingly. If the person detained
has no defence counsel, the court
shall appoint such counsel for the review of placement in the course of which an
expert opinion is to be obtained pursuant to sentence 2.
(5) Section 455 (1) shall not apply if placement in a psychiatric hospital has been
ordered. If placement in an addiction treatment facility or preventive
detention has
been ordered and if the convicted person becomes insane, enforcement of the
measure may be postponed. Section 456 shall not apply if an order has been made
placing the convicted person in preventive detention.
(6) Section 462 shall also be applicable to decisions to be given pursuant to section
67 (3), (5) sentence 2 and (6), section 67a and section 67c (2), section 67d (5) and
(6), sections 67g and 67h, section 69a (7), and sections 70a and 70b of the Criminal
Code. In the cases under section 67d (6) of the Criminal Code, the convicted person
is to be heard in an oral hearing. The court shall declare the immediate
enforceability of the order of measures under section 67h (1) sentences 1 and 2 of
the Criminal Code if there is a danger that the convicted person will commit serious
unlawful acts.
(7) Supervision of conduct in the cases under section 67c (1), section 67d (2) to (6)
and section 68f of the Criminal Code shall be equivalent to the suspension of the
remainder of a sentence for the purposes of the application of section 462a (1).
(8) If placement in preventive detention is enforced and the convicted person has no
defence counsel, the court shall appoint such counsel for the proceedings
concerning the court decisions to be given in regard to enforcement. Such
appointment shall be made in good time prior to the first court decision and shall
also apply to all further proceedings as long as the appointment is not revoked.
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