Facts
In 2008, the Cantonal Court of Bern convicted X. of multiple acts of sexual acts with children, sexual coercion, sexual harassment, and pornography, and ordered a residential therapeutic measure. In the following years, the measure was repeatedly extended by three years, most recently on June 25, 2014. X. appealed against this decision, which the Federal Supreme Court upheld on September 3, 2015 and remanded the case for re-assessment to the lower court.
The Cantonal Court then dismissed X.'s request for an oral hearing and confirmed the extension of the measure on December 22, 2016. X. appealed against this decision to the Federal Supreme Court.
Considerations
The Federal Supreme Court states that according to Art. 69 para. 1 CrimPC, the proceedings before the court of first instance and the court of appeal, as well as the oral pronouncement of judgments and decisions of these courts, are public. Although Art. 69 para. 3 lit. c CrimPC provides that the appeal proceedings are generally not public if conducted in writing.
However, if the court orders an oral hearing in the appeal proceedings based on Art. 390 para. 5 CrimPC, it must be conducted publicly in accordance with the provisions on the main hearing at first instance pursuant to Art. 69 para. 1 CrimPC. This…