Rejection of Conditional Release from Measure Enforcement and Transfer to a Residential Group

Facts

The appellant [X.] was acquitted of guilt and punishment by the High Court of the Canton of Lucerne on March 29, 2001 due to insanity, but a detention order under Art. 43 para. 1 subpara. 2 of the former Swiss Criminal Code was imposed. In 2007, this former detention order was revoked and instead an inpatient therapeutic measure under Art. 59 para. 1 of the Swiss Criminal Code was ordered.

In the context of the annual review, the Enforcement and Probation Services of the Canton of Lucerne (VBD) rejected on October 24, 2011 a conditional release from the inpatient therapeutic measure and a transfer of [X.] to an external residential group. [X.] appealed against these decisions of the VBD and against the decision of the Department of Justice and Security of the Canton of Lucerne (JSD) of February 8, 2012, which rejected the appellant's requests for recusal. The Administrative Court of the Canton of Lucerne dismissed the appeals on April 30, 2012.

Considerations

The Federal Supreme Court considers the procedure of the lower instance to be lawful. The lower instance has carefully and convincingly examined and rejected the appellant's requests for recusal. There is also no violation of the right to be heard, as the appellant had sufficient opportunity to submit written statements.