Facts
On 29 March 2001, the High Court of the Canton of Lucerne had acquitted X. of guilt and punishment due to lack of criminal responsibility, but ordered her commitment. On 13 September 2007, the High Court lifted the former commitment and instead issued an inpatient therapeutic measure pursuant to Art. 59 para. 1 of the Swiss Criminal Code (StGB). This measure was confirmed by the Federal Supreme Court on 4 March 2008.
On 25 July 2012, the Execution and Probation Services of the Canton of Lucerne recommended to the cantonal Attorney General's Office to file a request with the competent court for the extension of the inpatient measure by five years. On 26 July 2012, the Attorney General's Office filed the corresponding legal request with the cantonal High Court. By order of 20 September 2012, the presiding judge of the High Court placed X. in preventive detention.
On 10 January 2013, the hearing regarding the extension of the inpatient measure took place before the High Court. By judgment of 1 February 2013, the High Court extended the inpatient therapeutic measure ordered on 13 September 2007 by 18 months, until 13 March 2014. This judgment is not yet final and binding.
On 5 March 2013, the Attorney General's Office applied for the extension of the preventive detention expiring on 17 March 2013. By order of 15 March 2013, the presiding judge of the High Court of the Canton of Lucerne extended the preventive detention until 16 May 2013.
Considerations
The Federal Supreme Court first examined whether there was a decision appealable to the Federal Supreme Court. It concluded that the competence of the High Court to order and extend the preventive detention within the framework of the subsequent measure proceedings pursuant to Art. 363-365 of the…