Compulsory Five-Year Review Period for Stationary Therapeutic Measures

The court affirmed that a compulsory five-year review period applies to stationary therapeutic measures under Article 59 of the Penal Code (or Article 43 Ziff. 1 Abs. 1 aStGB), reflecting legislative acknowledgment that indefinite measures are constitutionally problematic, though extensions are possible under specific conditions, such as when conditional release is unwarranted, treatment remains viable, and more severe measures like detention are not required. The court reasoned that this mandatory review after five years, triggered by the final judgment, is necessary to align such penal measures with rule-of-law principles, with the appellate court retaining jurisdiction over the extension decision if the original measure was based on its ruling.