Facts
The case concerns an offender who committed two murders in 1993 and 1994 and was subsequently sentenced to life imprisonment. He has been serving this sentence since 1994. The Office of Corrections (AJV) and the Government Council of the Canton of Aargau repeatedly rejected the offender's requests for temporary releases for humanitarian reasons, as he was classified as a dangerous offender.
The offender appealed these decisions. The Administrative Court of the Canton of Aargau overturned the decisions and instructed the AJV to grant the offender four supervised temporary releases of up to five hours per year, subject to certain conditions. The Public Prosecutor's Office of the Canton of Aargau then appealed the decision to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the Public Prosecutor's Office, as the criminal prosecution authority, is generally entitled to appeal against execution decisions insofar as they concern public safety. The legal requirements for relaxation of execution measures, such as temporary releases, are clearly regulated by law. The decisive factor is whether the offender is still to be classified as dangerous and whether there is no risk of escape or re-offending from the relaxation of execution measures.
The Federal Supreme Court sees deficiencies in the contested judgment. The psychiatric…