Facts
The appellant [A.] was convicted in 2000 to 24 months' imprisonment for multiple attempted grievous bodily harm, violence and threats against officials, property damage, and multiple violations of the Narcotics Act. Instead of serving the sentence, the court ordered an inpatient measure for drug addicts. As this measure was deemed ineffective, [A.] was placed in detention in 2002. This detention was converted to a new-law detention under Art. 64 of the Swiss Criminal Code in 2007.
In 2019, [A.] applied for conditional release from detention. This request was rejected by the competent authorities. [A.] appealed this rejection to the High Court of the Canton of Bern, which partially upheld and partially dismissed the decision on March 8, 2021.
Considerations
The Federal Supreme Court quashes the High Court's decision and remands the case for a new assessment to the lower instance. The reasoning is that the lower instance did not sufficiently examine and justify whether the appellant's detention is still proportionate and whether the requirements for a conditional release are met.
The Federal Supreme Court states that the lower instance has examined the requirements for a conditional release under Art. 64a of the Swiss Criminal Code, but has not made sufficient findings regarding the prognosis of the appellant's future lawful conduct and the specific offenses that could be expected from him in…