Art. 63b SCC from 2025
Art. 63b Execution of the suspended custodial sentence
1 If the out-patient treatment has been successfully completed, the suspended custodial sentence is not executed.
2 If out-patient treatment is terminated due to there being no prospect of success (Art. 63a para. 2 let. b), the statutory maximum duration being reached (Art. 63a para. 2 let. c) or its being unsuccessful (Art. 63a para. 3), the suspended custodial sentence is executed.
3 If out-patient treatment conducted while the offender is at liberty is considered a risk to third parties, the suspended custodial sentence is executed and the out-patient treatment continued while the custodial sentence is being served.
4 The court decides on the extent to which the deprivation of liberty associated with the out-patient treatment is taken into account in determining the custodial sentence. If the requirements for parole or a suspended custodial sentence apply in relation to the remainder of the sentence, execution of the sentence is suspended.
5 Instead of the execution of the sentence the court may order an in-patient therapeutic measure under Articles 59–61 if it is to be expected that this will reduce the risk of the offender committing further felonies or misdemeanours in which his condition is a factor.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
