Key legal question
Whether the request for another ambulatory or stationarity measure after failure of the original ambulatory treatment was still open in this proceeding.
Extracted holding
After the enforceable finding that the ambulatory treatment had failed, only execution of the suspended sentence or a stationarity therapeutic measure could still be decided; a new ambulatory treatment could no longer be ordered here.
Extracted reasoning
The enforcement authority's unappealed decision ending the ambulatory measure became final. Under Art. 63b(2) and (5) StGB, the court then decides only between execution of the suspended sentence and a stationarity measure.