Revocation of probation under Section 63 of the Criminal Code and additional order to report for open custody.
Three years ago, I was sentenced to a probationary sentence under §36. After I appealed, they then put me on probation under juvenile criminal law. In the meantime, I committed fraud and two months ago, I was sentenced to 1 year and 6 months of imprisonment without probation for this fraud. The court and probation assistance agreed that imprisonment was not the right solution, especially since I also have the revocation of §36 looming. Everyone agreed to put the prison sentence on hold for now and revoke §36 first, in order to stabilize me in a forensic institution and serve the prison sentence after completing therapy in the forensic institution. Yesterday, I had the hearing for the revocation of probation and we agreed to revoke §36 and for me to first go to the forensic institution. However, this morning I received a letter from the public prosecutor's office with an order to begin serving the 1 year and 6 months for open imprisonment. My question is, do I have to follow this order or have things just overlapped? Can the court do this, send me to prison even though §36 is already in effect?
