Facts

On 10 October 2002, the District Court VIII Bern-Laupen sentenced [X.] to 5 years of penitentiary for multiple, quantitatively and partially gang-related and commercial violations of the Narcotics Act, endangerment of life, rape, and sexual coercion. It also ordered an outpatient psychotherapeutic treatment accompanying the execution of the sentence. On 10 September 2004, the Department of Criminal Justice and Measures Enforcement (ASMV) of the Canton of Bern discontinued the execution of the outpatient measure due to its ineffectiveness. The District Court placed [X.] in detention by judgment of 2 December 2005. Upon the detainee's appeal, the High Court of the Canton of Bern confirmed the measure on 21 June 2006. In the context of the annual review of the measure, the ASMV of the Canton of Bern repeatedly refused to grant [X.] conditional release from detention, most recently on 11 October 2013. [X.] 's appeal against this decision was dismissed by the High Court of the Canton of Bern on 25 March 2015.

Considerations

The Federal Supreme Court quashes the decision of the High Court and remands the case to the lower court for the procurement of supplementary expert assessments and a new decision. The lower court must supplement the expert's legal prognosis…