Facts
The District Court of Lenzburg convicted X. on August 15, 2013 in accelerated proceedings, among other things, of multiple attempted grievous bodily harm, commercial theft, multiple criminal damage, multiple threats, multiple false accusations, as well as violence and threats against officials, to a custodial sentence of 2 1/2 years. On July 8, 2015, shortly before the expiration of the sentence, the Office of Penal Enforcement of the Canton of Aargau applied to convert the custodial sentence into an inpatient measure under Art. 65 para. 1 of the Swiss Criminal Code (StGB).
Considerations
The Federal Supreme Court overturned the decision of the High Court, as the subsequent imposition of an inpatient therapeutic measure instead of a pure sentence is only permissible if new facts or evidence have emerged after the judgment has become legally binding, which can justify the requirements of a measure. Facts or evidence that were already available to the sentencing court cannot be reintroduced due to the prohibition of double jeopardy ("ne bis in idem").
In the present case, the court in the accelerated proceedings had already considered the question of a possible therapeutic measure, but refrained from doing so, as the appellant had waived a comprehensive judicial assessment and an unrestricted legal remedy. Therefore, the appellant was entitled…