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