Kernrechtsfrage
Whether a stationary measure could be ordered although the prison sentence had already been served through pre-trial detention credit
Extrahierter Entscheid
Yes. A stationary measure may still be ordered even if no sentence remains to be executed, but proportionality must take that circumstance into account.
Extrahierte Begründung
The served sentence does not legally bar the measure; however, additional deprivation of liberty beyond the schuldangemessene sentence weighs in the proportionality assessment.