Kernrechtsfrage
Whether Art. 75a CP required a specialist commission opinion before granting transfer to an open establishment
Extrahierter Entscheid
Yes. Because the prisoner had committed offences under Art. 64(1) CP and the execution authority could not categorically rule on dangerousness, the commission had to be consulted.
Extrahierte Begründung
The Court held that the case fell within Art. 75a CP and that the execution authority could not decide alone on dangerousness for the collectivity.