Prosecutor's Request for Declaratory Judgment on Inpatient Measure Dismissed

The court dismissed a prosecutor's request for a declaratory judgment concerning whether the subsequent ordering of an inpatient measure requires a enforceable residual prison sentence, ruling that the cantonal criminal procedure code does not provide for an equivalent to a declaratory action as per the civil procedure code, and such a determination can only be made via a judgment with a constructive character. The court reasoned that declaratory actions are inadmissible because the specific facts did not meet the strict criteria for an analogous application of the civil declaratory action (subsidiarity and a protectable interest in a judicial declaration), especially since the underlying legal question was already resolvable by consulting existing federal court practice and statutory text, and the matter of enforcing a residual sentence after the failure of an outpatient measure is primarily determined by the executive enforcement authority.