Facts
The proceedings concern the admissibility of precautionary detention during the proceedings pending before the District Court of Olten-Gösgen regarding subsequent modification of sanction. The appellant X. was sentenced on 18/19 September 2008 to a prison term of 30 months and a fine for attempted aggravated robbery and simple bodily harm. During the execution of the sentence, a forensic psychiatric report was prepared, which found that X. suffers from a severe mental disorder and there is a high risk of recidivism for dangerous offenses.
The Cantonal Court of Solothurn ordered on 15 December 2010 that X. could be taken into precautionary detention subsequently, as the conditions for detention were met. The District Court of Olten-Gösgen dismissed X.'s request for release from detention, and the Cantonal Court confirmed this decision.
Considerations
The Federal Court examined the admissibility of precautionary detention in the proceedings regarding subsequent modification of sanction. It found that the conditions for a subsequent order of detention under Art. 65 para. 2 SCC were met, as it was found during the execution of the sentence that, due to new facts or evidence, the conditions for detention were met and already existed at the time of the conviction, without the court being aware of them.
The Federal Court found that the order and continuation of precautionary detention were based on a sufficient legal basis, namely Arts. 221 and 229 f. CrimPC. It examined the conditions for the order of precautionary detention, namely the sufficient probability of an order of a custodial measure or detention, the existence of the special ground for detention of recidivism, and the proportionality of the…