Commencement of the five-year duration of an inpatient therapeutic measure pursuant to Art. 59 para. 4 of the Swiss Criminal Code (StGB)

Facts

The appellant X. served a custodial sentence until August 10, 2013. Thereafter, he was placed in preventive detention until February 13, 2014. On November 14, 2013, the District Court of Zofingen ordered an inpatient therapeutic measure for X. with a duration of one and a half years. X. commenced the execution of the measure at the Psychiatric Clinic Königsfelden on May 12, 2014.

The Federal Supreme Court had to decide when the one and a half year duration of the measure ordered by the District Court begins and ends. The District Court had not specified the commencement of the measure's duration.

Considerations

The Federal Supreme Court concluded that the five-year duration pursuant to Art. 59 para. 4 sentence 1 StGB begins with the final and enforceable decision in which the measure is ordered. This also applies to the time during which the appellant had to wait for the commencement of the treatment in a penal or detention facility after the order of the measure without receiving any treatment.

The Federal Supreme Court justified this by stating that the state already restricts the freedom of the person concerned with the final order of the measure. Therefore, this time must be taken into account in the calculation of the duration of the measure in order to…