Facts
On 17 September 1993, the Criminal Court of the Canton of Lucerne sentenced B. to four years' imprisonment for intentional homicide, with a finding of significantly diminished responsibility. It ordered outpatient psychotherapeutic treatment instead of the execution of the custodial sentence. On 26 August 1997, the Department of Justice of the Canton of Lucerne terminated this court-ordered measure due to the patient's lack of understanding, refusal to cooperate, and obstruction. The Criminal Court then decided on 24 November 1997 that the initial four-year prison sentence should be executed. On appeal by the person concerned, the Higher Court of the Canton of Lucerne decided that the suspended prison sentence should be executed, with a one-month reduction for the time spent under the measure.Considerations
The Federal Tribunal considers that the notion of "medical treatment" within the meaning of Art. 43(1)(1) SCC must be interpreted broadly. It may involve all forms of medical or paramedical treatments, provided that they are capable of eliminating or mitigating the danger of the offender committing further punishable acts. Thus, when treatments other than psychotherapy enable an offender with mental health issues to…