Facts
The High Court of the Canton of Glarus sentenced X. to life imprisonment for multiple murders, aggravated robbery, multiple robberies, and theft. It also ordered an outpatient therapeutic measure and detention within the meaning of Art. 64 para. 1 lit. a of the Swiss Criminal Code (StGB).
X. appealed against the order of detention. He argued that the order of detention is not necessary when a life sentence is imposed, as conditional release from imprisonment is only possible when there is no longer a risk of recidivism.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that detention within the meaning of Art. 64 para. 1 StGB must also be ordered when a life sentence is imposed, if the requirements set forth in this provision are met.
The court explained that there are various differences between conditional release from the execution of a prison sentence with a simultaneously ordered detention and conditional release from the execution of the prison sentence without a simultaneously ordered detention. The requirements for conditional release from the execution of the prison sentence with a simultaneously ordered detention are…