Question juridique clé
Which authority is competent to request and decide on substitution of internment with an institutional therapeutic measure under Art. 64b and 65 CP after the entry into force of the CPP?
Solution extraite
The competent authority is the criminal court that would have had first-instance jurisdiction under the CPP; here, the dossier must be sent to the Lausanne district criminal court.
Motifs extraits
The authority supervising execution must assess both conditional release from internment and whether an institutional therapeutic measure should be sought. Under Art. 65 CP, the judge who ordered the internment is competent to order the subsequent measure. Because the former internment was ordered by the pre-CPP Tribunal d'accusation, Art. 451 CPP assigns the later independent decision to the authority that would now have first-instance jurisdiction, namely the Tribunal correctionnel de l'arrondissement de Lausanne.