Facts
On August 21, 2012, X. stabbed a man following an altercation. He was found guilty of attempted murder and sentenced to a custodial sentence of 6 years. After the failure of outpatient treatment, the authorities requested the replacement of the sentence by an institutional therapeutic measure under Art. 63b para. 5 CC.
The Federal Tribunal had to rule on the validity of the procedure and the usability of the expert opinion ordered by the enforcement authority (the Penal Sanctions and Probation Service of the Canton of Fribourg) to justify the replacement of the sentence.
Considerations
First, the Federal Tribunal considered that the judicial authority had to base itself on an expert opinion to order the replacement of the sentence by an institutional therapeutic measure, even if Art. 56 para. 3 CC does not expressly mention it for this case. This requirement stems from the systematics of the law.
Furthermore, the Federal Tribunal ruled that the expert opinion ordered by the enforcement authority was usable by the judicial…