Facts
The appellant X. was convicted in 1998 of multiple sexual acts with children and pornography and sentenced to a prison term. In 2001, he was convicted again for similar offenses, resulting in the imposition of an outpatient measure. In 2003, X. was ultimately placed in detention.
Due to the revision of the Swiss Criminal Code, the District Court of Rheintal ordered in 2007 an inpatient therapeutic measure under Art. 59 of the Swiss Criminal Code instead of the detention.
In 2012, the Department of Justice and Security of the Canton of St. Gallen revoked the inpatient measure and requested the District Court of Rheintal to subsequently order the detention. In 2013, the Cantonal Court of St. Gallen confirmed the detention but overturned the decision to revoke the inpatient measure.
X. appealed this judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court held that the question of the futility of an inpatient therapeutic measure and its revocation by the enforcement authority must be assessed. This question cannot simply be considered moot just because the maximum duration of the measure of 5 years has been reached.
The court deciding on the subsequent order of detention is bound by the…