Facts
The case concerns an individual, X., born in 1980, who committed criminal offenses from the age of 18, including acts contrary to sexual integrity. He was convicted of offenses such as sexual coercion and rape. Since his arrest in 1999, he has been detained in a treatment facility. The Lucerne criminal court decided to extend the institutional therapeutic measure by three years. X. appealed this decision, but the cantonal court dismissed his appeal and extended the treatment measure for an indefinite period, but for a maximum of five years.
X. then appealed to the Federal Court, requesting the annulment of the cantonal court's decision and his conditional release. The Federal Court partially admitted the appeal, considering that the extension of the institutional therapeutic measure had to be re-examined in light of the duration of the measure and the particular circumstances of the case.
Considerations
The Federal Court examined the conditions for extending an institutional therapeutic measure according to Article 59, paragraph 4, of the Swiss Criminal Code (SCC). It found that the law allows for an extension of the measure for a maximum period of five years, provided that the conditions for such an extension are met.
The Federal Court also examined the question of whether the extension of the institutional therapeutic measure should be set for a fixed or indefinite period. It considered that the law does not explicitly provide that the extension must be set for the maximum period of five years, but that the duration of the extension must be determined based on the particular circumstances of the case.
The Federal…