Questione giuridica chiave
Whether Art. 64b(2)(c) and Art. 62d(2) SCC apply by analogy to conditional release of a prison sentence preceding internment under Art. 64(3) SCC.
Decisione estratta
Yes. The authority must also hear a commission composed of representatives of prosecution, enforcement and psychiatry, in addition to an independent expert report and hearing the offender.
Motivazione estratta
The two situations concern different procedural settings, but both decide on release from internment. There is no reason to impose lower requirements when conditional release of the custodial sentence also leads to lifting the internment. Therefore Art. 64b(2) SCC applies analogically, including the commission hearing requirement of Art. 62d(2) SCC.