Key legal question
Whether the failed treatment justified execution of the suspended prison sentences under Art. 44 No. 3 StGB
Extracted holding
The court held that the repeated failed treatment attempts showed no realistic prospect of successful therapy, so execution of the suspended sentences was permissible.
Extracted reasoning
A renewed inpatient measure requires at least serious prospects of reducing recidivism. Given the numerous unsuccessful treatment attempts and the latest exclusion for renewed substance use and a fake urine sample, the appellant remained unsuitable for a stationäre Massnahme.