Facts
The complainant [X.] was convicted on 11 March 2008 for multiple sexual acts with a child, sexual coercion, sexual harassment, and pornography. The sentence was suspended in favor of a stationary therapeutic measure. After his conditional release from this measure, he was given a probation period of three years and received several instructions, including a contact ban with minors and the declaration of his internet-enabled devices.
The complainant appealed against these instructions and requested their repeal. The lower court dismissed his appeal. The complainant lodged an appeal with the Federal Court and requested the repeal of the lower court's decision and the granting of free legal aid.
Considerations
The Federal Court examined the legality of the contact ban and the instruction regarding the declaration and control of internet-enabled devices. It found that the contact ban has a sufficient legal basis in Art. 62 para. 3 SCC and Art. 94 SCC and that it is proportionate to minimize the risk of recidivism of the complainant.
The court found that the instruction regarding the declaration and control of internet-enabled devices is also lawful, as it is a…