Facts
By a judgment of March 2, 2009, the Assize Court of the Canton of Geneva sentenced X. for rape to a custodial sentence of 6 years. On October 15, 2010, the Enforcement of Sentences and Measures Tribunal of the Canton of Geneva (TAPEM) granted X. parole as of October 29, 2010, with the remaining sentence to be served being 2 years. It ordered, as a conduct rule during the probationary period of 2 years, outpatient psychotherapeutic and addiction treatment as well as probation assistance.
By judgment of April 7, 2011, TAPEM ordered the reintegration of X. for the remainder of the sentence imposed on March 2, 2009. The Criminal Appeals and Review Chamber of the Geneva Court of Justice dismissed X.'s appeal against this judgment.
Considerations
The Federal Tribunal considered that Article 89 paragraph 3 of the Swiss Criminal Code (CC), which refers to Article 95 paragraphs 3-5 CC, allows the revocation of parole not only in case of evasion of probation assistance or violation of conduct rules, but also when the probation assistance or conduct rules can no longer be executed.
In the present case, although the appellant had complied with the ordered measures, these did not have…