Facts

The Federal Supreme Court had to assess whether the early execution of the measure should be taken into account in the calculation of the four-year maximum duration of the inpatient therapeutic measure for young adults pursuant to Art. 61 para. 4 sentence 1 of the Swiss Criminal Code (StGB).

The facts can be summarized as follows

  • The Criminal Court of the Canton of Lucerne convicted A. of various offenses and ordered an inpatient therapeutic measure for young adults under Art. 61 StGB.
  • The public prosecutor's office had already approved the early execution of the measure for A. on October 29, 2014.
  • On September 23, 2019, A. requested release from the execution of the measure, which was rejected by the Execution and Probation Service.
  • A. filed an administrative court appeal against the rejection decision, which the Cantonal Court of Lucerne upheld and ordered the release.
  • Thereupon, the Office of the Attorney General of the Canton of Lucerne filed a criminal law appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court considered the following

The wording of Art. 61 para. 4 sentence 1 StGB, which states that "the deprivation of liberty associated with the measure shall not exceed four years", suggests that any deprivation of liberty associated with the measure must be taken into account in the calculation of the maximum duration. Since a person in early execution of the measure is subject to the regime of the execution of the measure, the associated deprivation of liberty is to be regarded as part of the execution of the measure.

The Federal Supreme Court further stated that the early…