Facts
The Federal Supreme Court (FSCA) has been seized of a criminal appeal by X. against a decision of the Cantonal Court of Berne extending an inpatient therapeutic measure against him. The facts are as follows: - In 2008, the Higher Court of the Canton of Berne sentenced X. to 35 months' imprisonment and a fine of 500 francs for several acts of sexual acts with children, sexual coercion and sexual harassment. It ordered an inpatient therapeutic measure. - The Regional Court of Berne-Mittelland has repeatedly extended this inpatient therapeutic measure, the last time on 25 June 2014. - X. appealed against this latest extension decision to the Cantonal Court of Berne. - The Cantonal Court of Berne dismissed X.'s appeal on 30 September 2014. - X. then filed a criminal appeal with the Federal Supreme Court (FSCA).Considerations
The Federal Supreme Court (FSCA) has examined in detail the question of whether subsequent independent judicial decisions within the meaning of Art. 363 et seq. CrimPC must be challenged by way of appeal or appeal. It held that, according to the clear intention of the legislator and the prevailing doctrine, these decisions must be rendered in the form of an order or decision and be challenged by way of appeal, and not by way of appeal. This also applies to decisions that are of significant importance to the person concerned, such as the order or extension of an inpatient therapeutic measure. Although some authors criticize this solution and consider that these decisions should be…