Facts
The 76-year-old [X.] was convicted in 1989 and 1990 of multiple sexual acts with children and sentenced to a total of 19 months' imprisonment. Subsequently, in 1992, he was placed in preventive detention under Art. 43 para. 1 subpara. 2 of the former Swiss Criminal Code (aStGB). During the annual review, the Office of Corrections of the Canton of Graubünden repeatedly refused to grant [X.] a conditional release from detention. [X.] successfully appealed against this decision.
The Federal Supreme Court now had to decide on the refusal to grant a conditional release from detention. The key issue was whether further serious sexual offenses against children were to be expected from the appellant if released, which would continue to justify his detention.
Considerations
The Federal Supreme Court concluded that the continuation of the detention after more than 20 years of deprivation of liberty was disproportionate. While the appellant still posed a high risk of relapse into pedosexual offenses, the expected acts would be at the lower end of the severity required for detention. The massive interference with the 76-year-old appellant's fundamental rights could no longer be justified by the severity of the offenses.
The Federal Supreme Court set aside the decision of the lower court and remanded the case…