Facts
The appellant [A.] was declared not guilty by reason of insanity by the Criminal Court of Basel-Stadt in 2009 and sentenced to an inpatient psychiatric measure. This measure was extended for a further five years in 2012. In 2017, [A.] was conditionally released from the therapeutic measure. After several negative incidents and a deterioration of his mental state, the Compulsory Measures Court ordered preventive detention in 2021 to prepare for a reintegration into the therapeutic measure. The Criminal Court of Basel-Stadt ordered the reintegration of [A.] into the inpatient therapeutic measure for a duration of three years in 2022. [A.] appealed against this reintegration order. During the appeal proceedings, the instructing judge responsible for the follow-up proceedings found that the preventive detention, which had been extended until April 21, 2022, had not been further extended and that [A.] had been unlawfully detained since then. However, the President of the Court of Appeal did not act on the instructing judge's request to order new preventive detention.Considerations
The Federal Supreme Court ruled that after the expiration of the existing measure and until the final judgment in the follow-up proceedings, deprivation of liberty is only permissible on the basis of procedural preventive detention under the Code of Criminal Procedure. The provisions on preventive detention in Art. 364a and 364b CCP take…