Facts
The appellant [X.] was found guilty by the Cantonal Court of Bern of various offenses such as aggravated extortion, deprivation of liberty, and robbery. The Cantonal Court ordered an inpatient psychotherapeutic measure pursuant to Art. 59 of the Swiss Criminal Code (StGB). [X.] filed a criminal appeal against this judgment. He argues that the underlying psychiatric expert opinion was not prepared by a specialist in psychiatry and psychotherapy, but by a psychologist. The lower court had based its decision on an insufficient expert opinion.Considerations
The Federal Supreme Court states that according to its case law, as a general rule, only a specialist in psychiatry and psychotherapy can be admitted as an expert witness within the meaning of Art. 20 and Art. 56 (3) of the Swiss Criminal Code (StGB). Exceptions would be difficult to conceive and would have to be justified by the technical starting point. In the present case, it is apparent from the circumstances that the psychologist Dr. phil. [H.] could have prepared the expert opinion on the…