Facts
On 11 March 2008, the Cantonal Court of Bern sentenced [X.] to 35 months' imprisonment and a fine of CHF 500 for multiple acts of sexual acts with children, multiple sexual coercion, multiple sexual harassment, and pornography. It ordered an inpatient therapeutic treatment within the meaning of Art. 59 of the Swiss Criminal Code (SCC). It suspended the execution of the custodial sentence in favor of the measure.
The inpatient therapeutic treatment was subsequently extended by three years at a time based on Art. 59 para. 4 SCC, most recently by decision of the Regional Court of Bern-Mittelland of 25 June 2014. The Cantonal Court of Bern dismissed an appeal against the decision of 25 June 2014 on 30 September 2014.
The Federal Supreme Court upheld the appeal in criminal matters filed by [X.] on 3 September 2015, insofar as it entered into the matter, set aside the cantonal court's decision, and remanded the case to the lower court for a new assessment (Judgment 6B_1021/2014 of 3 September 2015, published in BGE 141 IV 396).
The Cantonal Court of Bern, which was again seized of the matter, dismissed [X.] 's request for a oral hearing with the participation of the expert on 11 November 2015. On 15 March 2016, the Cantonal Court dismissed [X.] 's appeal and confirmed the extension of the inpatient therapeutic measure by three years ordered by the first instance.
Considerations
The Federal Supreme Court notes that independent subsequent judicial decisions pursuant to Art. 363 et seq. of the Swiss Criminal Procedure Code (CPC) are subject to the rules on the appeal procedure. This is generally in writing, but may not be sufficient to do justice to the significance of certain decisions under certain circumstances.
In the present case, it is about the extension of an inpatient therapeutic measure within the meaning of Art. 59 para. 4 SCC, which represents a significant interference with the…