Facts
[A.A.] , born in 1954, was convicted in 1985 of sexual abuse of children to a suspended custodial sentence. In 2001, there was a further conviction for sexual offenses to the detriment of his daughter and stepchildren. Even after his conditional release in 2007, [A.A.] committed further sexual assaults on his daughter and consumed child pornography. He has been in inpatient therapeutic detention since then.
In 2019, [A.A.] applied for the granting of partially supervised outings, which the Execution and Probation Service of the Canton of Lucerne and the Cantonal Court of Lucerne rejected. The Federal Supreme Court confirmed this decision.
Considerations
The Federal Supreme Court states that for the granting of release measures such as partially supervised outings, the requirements of Art. 84 para. 6 of the Swiss Criminal Code (StGB) must be met. This includes that the behavior of the committed person in the criminal justice system does not pose a risk of escape or the commission of further offenses.
According to the expert reports, [A.A.] has a very pronounced pedophilia and there is a clear to very high risk of recidivism for relevant sexual offenses and child pornography. The lower…