Facts
The appellant [X.] was arrested on 26 February 2013 and on 4 July 2014 was sentenced by the Criminal Court of the Canton of Lucerne to a custodial sentence of 3 years and 6 months and a fine for numerous offences, with the assumption of slightly diminished mental capacity. The Cantonal Court of Lucerne sentenced him on 23 January 2015 in the appeal proceedings for further offences to a custodial sentence of 3 years and a fine of CHF 2,000. On both occasions, the court ordered a measure for young adults under Art. 61 Swiss Criminal Code.
Since the measure under Art. 61 Swiss Criminal Code was revoked due to the lack of suitable facilities and the appellant's lack of willingness to undergo the measure, the public prosecutor's office applied for the subsequent order of an inpatient measure under Art. 59 Swiss Criminal Code. The Cantonal Court of Lucerne ordered this measure on 31 October 2016.
Considerations
The Federal Supreme Court examined whether the order of the inpatient measure under Art. 59 Swiss Criminal Code was lawful. It concluded that the requirements for such a measure were met.
The court relied on a carefully and conclusively reasoned expert opinion that identified a severe mental disorder of the appellant in the form of a dissocial personality disorder with significant psychopathic elements. According to the expert opinion, there is a high risk of further offences, in particular violations of the Narcotics Act, violent and property offences, as well as violations of the Road Traffic Act. Intensive…