Facts
In 2014, the District Court of Baden convicted [X.] of various offences such as commercial theft, trespass, property damage and traffic offences, and sentenced him to 4 years and 8 months' imprisonment. The court ordered a measure for young adults under Art. 61 SCC instead. In 2014, [X.] was arrested again during a release from custody, and a temporary therapeutic measure was ordered in the Lenzburg Central Prison. In 2016, the District Court then ordered an inpatient therapeutic measure under Art. 59 SCC. [X.] appealed against this order.Considerations
The Federal Supreme Court held that the order for an inpatient therapeutic measure under Art. 59 SCC was generally justified, as [X.] suffers from a severe mental disorder that is related to the offences, and there is a high risk of recidivism. However, the Federal Supreme Court has two concerns: on the one hand, the previous deprivation of liberty of over 4 years must be taken into account, so that the guilt-appropriate deprivation of liberty has already been served. On the other hand, the measure must…