Facts
X. has been in pre-trial detention since 13 November 2012 and in early execution of sentence since 14 May 2013. The High Court of the Canton of Aargau sentenced him on 18 August 2016 to a custodial sentence of 4 ½ years and ordered an outpatient measure. X. filed several applications for conditional release from the execution of the sentence or for relaxation of the execution, which were rejected by the High Court. X. filed a criminal law appeal against this decision.Considerations
The Federal Supreme Court states that early commencement of the sentence is a coercive measure under criminal procedure law, for which there must still be at least one special ground for detention (analogous to Art. 221 CrimPC). If X. files an application for release from detention, it must be examined whether the requirements for the imposition of pre-trial or preventive detention under the relevant provisions of the Code of Criminal Procedure are still met.
The Federal Supreme Court notes that the lower court has violated the principle of expedited proceedings in detention matters by deciding on X.'s applications only after the expiry of the 5-day deadline. In examining the proportionality of the detention, it must be taken into account in particular that the public prosecutor's office has filed a criminal law…