Refusal of Conditional Release from the Inpatient Therapeutic Measure

Facts

The Federal Supreme Court dealt with the appeal of [A.] against the decisions of the Cantonal Court of Bern, which had rejected the revocation of the inpatient therapeutic measure ordered against him under Art. 59 of the Swiss Criminal Code (SCC) and his conditional release from the execution of the measure.

In 2013, [A.] was convicted by the Regional Court of Bern-Mittelland for various offenses such as robbery, extortion, theft, and drug offenses, and a measure for young adults under Art. 61 SCC was ordered. In 2017, the Regional Court revoked this measure and instead ordered an inpatient therapeutic measure under Art. 59 SCC.

In the context of the annual review of the measure, the Probation and Execution Services of the Canton of Bern (BVD) refused in May 2018 the conditional release of [A.] from the execution of the measure and the revocation of the measure. [A.] appealed against this, and his appeal was dismissed by the Cantonal Court of Bern.

Considerations

The Federal Supreme Court stated that the appellant still had a severe mental disorder within the meaning of Art. 59 SCC at the relevant time in the spring of 2018. The lower court had rightly considered the continuation of the inpatient therapeutic measure to be proportionate, as [A.] had been classified as a high-risk offender for property, drug, and violent offenses.

However, the Federal Supreme…