Facts
The appellant [X.] was found guilty by the High Court of the Canton of Bern of qualified extortion, attempted qualified extortion, multiple attempted coercion, multiple deprivation of liberty, simple bodily harm to the detriment of a helpless person, and robbery, and was sentenced to a prison term of 6½ years and a fine of Fr. 200.--. The High Court ordered a stationary therapeutic measure according to Art. 59 SCC.
The appellant requested with a complaint in criminal matters that the high court judgment be partially repealed and that instead of a stationary therapeutic measure according to Art. 59 SCC, an outpatient treatment according to Art. 63 SCC be ordered.
Considerations
The Federal Court dismissed the complaint, insofar as it could be considered. The lower court had established that the appellant suffers from a severe mental disorder related to the committed crimes and that there is a high risk of recidivism for violent offenses.
The Federal Court found that the lower court had correctly assessed the requirements for ordering a stationary therapeutic measure according to Art. 59 SCC. The lower court had established that the appellant is in need of and capable of treatment, and that outpatient treatment is not sufficient to address the high risk of recidivism for violent offenses and the associated potential endangerment of high-ranking legal interests.
The Federal Court also found that the lower court had correctly assessed the…