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psychiatric hospital or in an addiction treatment facility will be ordered, the court may
make an order for placement directing that he be provisionally placed in one of
these institutions if public safety so requires.
(2) Sections 114 to 115a, section 116 (3) and (4), and sections 117 to 119a, 123,
125 and 126 shall apply accordingly with respect to provisional placement. Sections
121 and 122 shall apply accordingly, subject to the proviso
that the higher regional
court shall review whether the conditions for provisional placement continue to
apply.
(3) The order for placement shall be revoked if the conditions for provisional
placement no longer apply or if the court does not order placement in
a psychiatric
hospital or in an addiction treatment facility in its judgment. Release shall not be
delayed by the fact that appellate remedies have been sought. Section 120 (3) shall
apply accordingly.
(4) If the person committed has a statutory representative or a legal representative
as defined in section 1906 (5) of the Civil Code, the latter shall also be notified of
any decisions pursuant to subsections (1) to (3).
Section 127
Provisional arrest
(1) If a person is caught in
the act or is being pursued, any person shall be
authorised to arrest him provisionally, even without judicial order, if there is reason
to suspect flight or if his identity cannot be immediately established. The
establishment of the identity of a person by the public prosecution office or by police
officers shall be governed by section 163b (1).
(2) In exigent circumstances, the public prosecution office and police officers shall
also be authorised to make a provisional arrest if the conditions for issuance of a
warrant of arrest or of an order for placement are met.
(3) In the case of an offence which can be prosecuted upon application only,
provisional arrest shall also be admissible where no application has yet been filed.
This shall apply accordingly if an offence may be prosecuted only with
authorisation
or upon request to prosecute.
(4) Sections 114a to 114c shall apply accordingly to provisional arrest by the public
prosecution office and by police officers.
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