Order for inpatient therapeutic measure pursuant to Art. 59 Swiss Criminal Code

Facts

The Federal Supreme Court consolidates two proceedings as they are closely related in subject matter. In the first proceeding (6B_387/2023), the Office of the Attorney General alleges that the High Court of the Canton of Zurich wrongly refrained from ordering an inpatient therapeutic measure pursuant to Art. 59 Swiss Criminal Code. In the second proceeding (6B_421/2023), the appellant challenges various convictions.

The Federal Supreme Court upholds the appeal of the Office of the Attorney General. It quashes the High Court's decision on the order for an inpatient measure and remands the case to the High Court for a new assessment. The appeal of the appellant is, however, dismissed to the extent that it can be considered.

Considerations

The Federal Supreme Court considers the High Court's reasoning on the issue of proportionality of an inpatient therapeutic measure to be insufficient. The High Court had indeed found that the appellant suffers from a severe mental disorder and poses a risk of further offenses. However, it did not adequately explain why, despite this starting point and the expert's recommendation of an inpatient measure, it refrained…