Facts
The Federal Supreme Court dealt with the question of when the five-year period pursuant to Art. 59 para. 4 sentence 1 of the Swiss Criminal Code (StGB) for an inpatient therapeutic measure begins to run. The Office of the Attorney General of the Canton of Bern had filed an appeal against the decision of the lower court, which had set the start of the period at October 24, 2017.
The Federal Supreme Court concluded that the five-year period generally begins to run from the date of the legally binding order decision, unless the measure is not entered into from liberty. If the measure is not entered into from liberty, the date of the legally binding order decision is decisive for the start of the period.
For the extension of the inpatient therapeutic measure, the expiration date of the five-year period according to the initial order or any previous extension is decisive. This also applies if the extension decision was made before the expiration of the current period.
Considerations
The Federal Supreme Court explained that the time limitation of Art. 59 para. 4 StGB takes into account the principle of proportionality. The judicial review of the measure after five years is intended to create a balance between the interests of the person concerned and the public safety interests.
Contrary to the lower court, nothing can be derived from Art. 236 para. 4 of the Swiss Criminal Procedure Code (StPO) for…