Questione giuridica chiave
Whether a stationär therapeutic measure may be ordered after the prison sentence has already been fully served when an ambulatory measure fails.
Decisione estratta
A remaining prison term is not strictly required; however, the later inpatient measure must remain materially linked to the original conviction and is permissible only in clear exceptional cases under strict proportionality.
Motivazione estratta
The new law did not abolish the earlier case law. Measures are independent of punishment, and Art. 63b(5) StGB does not differ materially from former law. Yet Art. 5 EMRK requires a sufficient causal and substantive connection between the conviction and the later deprivation of liberty.