Key legal question
Whether the appellate court violated Art. 43 Ziff. 5 Abs. 1 StGB by deciding without hearing an updated doctor or expert report.
Extracted holding
No. That provision applies to successful measures and to the question whether execution of the remaining sentence would seriously endanger the measure's success; it did not apply where the court found the measure had failed.
Extracted reasoning
The court held that Art. 43 Ziff. 5 StGB is systemically limited to successful measures, not to failed ambulatory measures. The file already contained sufficient medical basis, and the court could rely on prior reports where the relevant circumstances had not changed.