Questione giuridica chiave
Whether, after failure of an outpatient measure for a drug-dependent offender, the court may order inpatient treatment and suspend execution of the sentence in favor of that measure.
Decisione estratta
Article 44 no. 6 para. 2 StGB provides at least a sufficient legal basis for ordering inpatient treatment at the offender's request, so that a further postponement of sentence execution for that purpose is not excluded.
Motivazione estratta
Although the wording of Art. 44 nos. 1 and 3 StGB seems to limit the judge to deciding the extent of sentence execution after failure of outpatient treatment, the later insertion of Art. 44 no. 6 para. 2 StGB expressly created a statutory basis for admitting a drug-dependent convicted person to inpatient treatment on request. Requiring first a sentence execution order and then a second postponement would create unnecessary duplication.