Facts
The appellant [A.] was sentenced to a prison term of seven years on August 21, 2014, for rape, attempted rape, attempted sexual acts with a child, pornography, and violation of the Weapons Act. The criminal court ordered him to be placed in a facility for young adults pursuant to Art. 61 SCC and suspended the execution of the sentence in favor of the measure. After the measure for young adults was lifted, the Basel-Landschaft Criminal Court ordered a stationary measure pursuant to Art. 59 SCC. The appellant requested the lifting of this measure.
The lower court dismissed the appeal, as the appellant suffered from a serious mental disorder within the meaning of Art. 59 para. 1 SCC and a stationary therapeutic measure was necessary to counter the danger of further acts related to his mental disorder.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court did not violate federal law when it considered the appellant to be suffering from a serious mental disorder within the meaning of Art. 59 para. 1 SCC. The legal concept of a serious mental disorder is of a functional nature and is assessed according to the purpose of the therapeutic measure.
The Federal Court found that the lower court correctly applied the requirements for ordering a stationary therapeutic measure pursuant to Art. 59 SCC. The appellant committed an act within the meaning of Art. 64 para. 1 SCC and suffers from a serious mental disorder related to the act. The lower court also considered the necessity and prospects of treating the appellant, as well as the type and likelihood of further possible crimes and the possibilities of enforcing the measure.
The Federal Court also rejected the appellant's complaint that the conversion of the measure for young adults into a measure pursuant…