Facts
On January 13, 2012, the Criminal Court of the Canton of Lucerne sentenced [X.] to a custodial sentence of three years and six months for multiple (partly attempted) sexual acts with children and multiple instances of pornography. The court ordered an outpatient measure (for the treatment of mental disorders) during the execution of the sentence. On September 16, 2013, the Public Prosecutor's Office of the Canton of Lucerne applied for the subsequent imposition of an inpatient measure (treatment of a mental disorder). On April 28, 2014, the Criminal Court dismissed the application. The appeal filed by the Public Prosecutor's Office against this decision was dismissed by the Cantonal Court of Lucerne on October 31, 2014. The Public Prosecutor's Office has filed a criminal law appeal against this judgment of the Cantonal Court of Lucerne.Considerations
1. The lower court relies on Art. 63b para. 5 of the Swiss Criminal Code to examine the subsequent imposition of the inpatient therapeutic measure. However, it concludes that the revocation of the outpatient treatment by the enforcement authority would be a prerequisite for such a conversion, which did not occur in the present case. 2. The Federal Supreme Court considers that the conversion of an outpatient measure accompanying the execution of a sentence into an inpatient therapeutic measure can generally be based on Art. 63b para. 5 of the Swiss Criminal Code. Although the wording and the marginal note of this provision do not expressly cover the outpatient treatment accompanying…