Question juridique clé
Whether patronage and a rule of conduct may be imposed under Art. 43 ch. 2 al. 2 CP without suspending execution of the sentence during ambulatory treatment.
Solution extraite
No. Such measures are permissible only when the court suspends execution of the sentence because of the ambulatory treatment.
Motifs extraits
The wording, purpose, cross-reference to Art. 41 ch. 2 CP, and the function of patronage all show that these measures are linked to suspension of the sentence; they are meant for situations where the convicted person is at liberty, not while detained.