Dismissal of the appeal against the order for inpatient measures due to attempted aggravated arson

Facts

The appellant [X.] was found not guilty by the District Court of Bülach for attempted arson within the meaning of Art. 221 para. 2 and 3 of the Swiss Criminal Code (SCC) in conjunction with Art. 22 para. 1 SCC, as well as criminal damage within the meaning of Art. 144 para. 1 SCC. The court ordered an inpatient therapeutic measure pursuant to Art. 59 SCC. In the appeal proceedings, [X.] requested that his conduct on 17 September 2010 only fulfill the elements of attempted arson within the meaning of Art. 221 para. 1 SCC in conjunction with Art. 22 SCC, and that an outpatient measure pursuant to Art. 63 SCC be ordered. However, the High Court of the Canton of Zurich upheld the judgment of the District Court. [X.] subsequently filed a complaint with the Federal Supreme Court, requesting to be acquitted of the charge of attempted aggravated arson and to be convicted only of attempted arson within the meaning of Art. 221 para. 1 SCC. He also requested the revocation of the order for inpatient measures and the imposition of an outpatient measure instead.

Considerations

The Federal Supreme Court dismissed the complaint. It concluded that the lower courts' assumption of attempted aggravated arson pursuant to Art. 221 paras. 2 and 3 SCC was not objectionable. The appellant's conduct, which initially resulted in a flash fire and subsequently in an intense fire with strong heat development and flames up to 20 centimeters high, had caused the abstract danger of the outbreak of an uncontrollable conflagration, which the appellant had also been…