Dismissal of the Appeal against the Order for Preventive Detention

Facts

The appellant [A.] was convicted by the Criminal Court of Basel-Landschaft on 27 January 2006 of multiple sexual acts with children, multiple sexual coercion, and simple bodily harm, and sentenced to 3 ¾ years of penitentiary. The execution of the sentence was suspended in favour of placement in a therapeutic institution. On 23 February 2011, the Criminal Court of Basel-Landschaft extended the inpatient treatment until 27 January 2016. On 13 July 2015, the Department of Criminal Enforcement and Measures of the Security Directorate of the Canton of Basel-Landschaft terminated the execution of the inpatient measure due to lack of prospects and determined that the imposed prison sentence had been served by the duration of the inpatient measure. On 14 July 2015, the Department of Criminal Enforcement and Measures applied to the Criminal Court of Basel-Landschaft to have [A.] placed in preventive detention under Art. 64 para. 1 SCC. On 17 July 2015, the Department of Criminal Enforcement and Measures applied to the Compulsory Measures Court of Basel-Landschaft to have [A.] placed in preventive detention. The latter granted the application provisionally on the same day. On 29 July 2015, the Compulsory Measures Court placed [A.] in preventive detention for a period of 6 months until 17 January 2016. On 15 September 2015, the Cantonal Court of Basel-Landschaft dismissed [A.] 's appeal and confirmed the decision of the Compulsory Measures Court.

Considerations

The DFC dismisses [A.] 's appeal against the order for preventive detention. The allegation that the preventive detention lacks the necessary legal basis is unfounded. The preventive detention under enforcement law concerns the transfer of legally convicted prisoners, who are classified by the competent enforcement authority as untreatable and at high risk of recidivism, from the failed enforcement of measures to preventive detention. For this purpose, such prisoners can be placed in preventive detention for the duration of the proceedings on the imposition of preventive detention. The provisions of the CrimPC on the imposition of investigative and preventive detention are therefore applicable by analogy and constitute the…