Facts
On 30 December 2012, the intoxicated [X.] stabbed the victim he was living with multiple times with a dagger and later with a kitchen knife. The District Court of Brugg declared him not guilty by reason of insanity and ordered a measure pursuant to Art. 59 SCC. The High Court, partially upholding his appeal, acquitted him of guilt and punishment and ordered a substance abuse treatment based on Art. 19 para. 3 in conjunction with Art. 60 SCC.
Since 8 September 2015, [X.] had been undergoing inpatient treatment at the Measure Centre. On 28 June 2017, the Department of Economics and Interior, Office of Correctional Services, decided to continue the measure upon the annual review of a conditional release.
[X.] filed a complaint. The Administrative Court of the Canton of Aargau decided on 28 September 2017 to partially uphold the complaint, quash the decision, and remand the case to the Department for the order of a conditional release and any necessary outpatient measures, probation, and instructions.
Considerations
The Federal Supreme Court notes that the pre-trial detention and preventive detention must be deducted from the duration of the measure. The actual duration of treatment is reduced by the time spent without treatment in a penal or detention facility after the enforceable decision.
Since the maximum duration of the measure of four years pursuant to Art. 60 para. 4 SCC has in any case expired, the Federal Supreme Court remands…