Facts

The Federal Supreme Court decided the following in this case

  • A. was convicted in 2010 of rape and sexual acts with a child, and an inpatient therapeutic measure under Art. 59 of the Swiss Criminal Code (StGB) was ordered.
  • In 2016, the inpatient measure was not extended, and instead an outpatient measure under Art. 63 StGB was ordered.
  • In 2016, the Department of the Interior of the Canton of Solothurn (DdI/SO) revoked the inpatient measure due to futility and requested the District Court to order subsequent detention under Art. 62c(4) StGB.
  • In 2018, A. was charged again with sexual offenses against children. The DdI/SO then revoked the outpatient measure and also requested detention.
  • The District Court consolidated the two detention proceedings and partially found A. guilty, but rejected the request for detention.
  • Both the public prosecutor's office and A. appealed the judgment. Additionally, the public prosecutor's office filed a complaint against the rejection of the detention order.

Considerations

The Federal Supreme Court decided the following

  • A direct conversion of an outpatient measure into detention is not possible.
  • The High Court was not competent to order an outpatient measure in the appeal proceedings against the extension of the inpatient measure. This was the responsibility of the enforcement authority (DdI/SO).
  • After the revocation of the…