Facts
The applicant was convicted of theft, attempted fraud, fraudulent abuse of a computer system, and trespassing. He appealed the decision of the cantonal court, which increased his sentence to 3.5 years in prison and ordered an outpatient measure to accompany the execution of the sentence. The applicant argues that his juvenile convictions, which have been expunged from his criminal record, should not be taken into account in determining the sentence and ordering the measure. The cantonal court followed his argument for the determination of the sentence, but indirectly took into account his criminal history in ordering the measure, based on the conclusions of the expert report.Considerations
The FSCA (Federal Supreme Court of Appeals) recalls that according to Art. 369(7) SCC, expunged criminal convictions can no longer be held against the convicted person. This provision aims to allow for the complete rehabilitation of the offender. Thus, expunged convictions can no longer be taken into account either for the determination of the sentence or for the assessment of the prognosis. However, medical experts may take these expunged convictions into account in their assessment, in order to be able to conduct a complete personality assessment of the accused. But they must then explain how these past offenses are relevant to their assessment. As for juvenile convictions that were not recorded in the criminal record, they must be treated as offenses not subject to registration. Their statute of limitations is 10 years, by analogy to Art. 369 SCC. As long as this time limit has not expired, these past…