Facts
The appellant X. was found guilty by the District Court of Winterthur on May 16, 2013 of multiple, partially attempted sexual acts with children, administration of substances hazardous to health to children, pornography and incitement to pornography. He was sentenced to a custodial sentence of three years and three months and a concurrent outpatient therapeutic treatment under Art. 63 of the Swiss Criminal Code (StGB) was ordered.
On December 2, 2014, the Office of Corrections (JUV) revoked the outpatient therapeutic measure as being hopeless. The District Court of Winterthur then ordered an inpatient therapeutic measure under Art. 59 in conjunction with Art. 63b(5) StGB on the application of the JUV on October 15, 2015. X. appealed against this decision.
Considerations
The Federal Supreme Court upholds the appeal and remands the matter for re-assessment to the lower court. It finds that the previous case law, according to which there is no room for another outpatient measure after the revocation of an outpatient measure, is not to be upheld.
The Federal Supreme Court justifies this by stating that the fact that an outpatient therapy does not have the desired effect and is classified as hopeless does not necessarily mean…