Order of an inpatient therapeutic measure instead of detention

Facts

The appellant X. was found guilty by the High Court of the Canton of Zurich in 2001 of multiple murders, completed and attempted murder, criminal preparatory acts for multiple murders, and other offenses, and was sentenced to life imprisonment. The court also ordered her detention under Article 43(1)(2) of the former Swiss Criminal Code (aStGB).

In 2007, the Special Service of the Office of Corrections of the Canton of Zurich transferred the files in the case of X. to the 3rd Criminal Chamber of the High Court of the Canton of Zurich to examine whether the requirements for a therapeutic measure under Articles 59-61 or 63 of the Swiss Criminal Code (StGB) were met. The Office of the Attorney General requested the continuation of the detention under the new law, while X. requested the imposition of an inpatient measure under Article 59 StGB.

The High Court decided that no therapeutic measure would be ordered and that the detention would be continued under the new law. X. then filed a criminal appeal with the request to order an inpatient therapeutic measure under Article 59 StGB.

Considerations

The Federal Supreme Court states that an inpatient therapeutic measure under Article 59 StGB should be ordered instead of detention under Article 64(1)(b) StGB against a dangerous offender with a mental disorder, if there is a sufficient probability that such a measure will significantly reduce the risk of further offenses related to the mental disorder under Article 64 StGB over a period of five years.