Facts
The appellant [A.] was convicted by the Basel-Stadt Criminal Court for multiple cases of arson, property damage, and trespassing, but was deemed to have acted without guilt due to lack of criminal responsibility. The court ordered inpatient therapeutic treatment for mental disorders and a measure for young adults. The appellant lodged an appeal and requested the cancellation of the order for inpatient therapeutic treatment and the order of outpatient treatment.
The Basel-Stadt Court of Appeal dismissed the appeal and ordered inpatient therapeutic treatment for mental disorders. The appellant lodged a complaint with the Federal Supreme Court and requested the cancellation of the Court of Appeal's judgment and the order of outpatient treatment.
Considerations
The Federal Supreme Court examined the order for inpatient therapeutic treatment for mental disorders and concluded that the lower court had based its decision on the relevant factors. The appellant suffers from a severe mental disorder that is directly related to the offenses he committed.
The court found that the lower court had thoroughly examined the possibility of ordering outpatient treatment and had carefully considered the appellant's arguments. The lower court was entitled to assume that outpatient therapy would not be sufficient to prevent the appellant from committing further offenses.
The Federal Supreme Court also concluded that the lower court had correctly assessed the appellant's social dangerousness. The expert assessment of the risk of…