Key legal question
Whether an ambulatory therapeutic measure may include forced depot medication
Extracted holding
An ambulatory measure has no statutory basis for compulsory medication; the medication can only be carried out with the participant's cooperation.
Extracted reasoning
The court held that coercive medication is only grounded in the context of civil commitment under Art. 426 ff. ZGB and, in criminal law, under Art. 59 StGB. For an ambulatory coercive measure no legal basis exists. In the present case, because no sentence or liberty-depriving punishment had been imposed, medication required the person's cooperation; at most, a temporary inpatient initiation under Art. 63(4) StGB might be considered, but that provision was doubtful here because the measure was already ongoing.