Kernrechtsfrage
Whether the refusal to grant early execution of the prison sentence was lawful after a therapeutic measure had been ordered at trial.
Extrahierter Entscheid
The complaint was dismissed: on the provisional assessment, only early execution of the therapeutic measure could be considered, not early commencement of the prison sentence.
Extrahierte Begründung
Under cantonal law, early execution is granted only if an unconditional sentence or a custodial measure is to be expected and the purpose of the proceedings is not jeopardized. The trial court could rely on the psychiatric assessment and the sentencing judgment to conclude that, at this stage, the defendant's situation pointed to a measure rather than immediate sentence execution.