Facts
On 10 August 2010, the District Court of Baden sentenced [X.] to 4 ½ years' imprisonment and a fine of CHF 300.-- for attempted intentional homicide and multiple violations of the Narcotics Act. It ordered a measure for young adults under Art. 61 SCC and suspended the execution of the custodial sentence in favour of the measure.
On the recommendation of the Department of Economics and Interior Affairs, Office of Correctional Services, the Public Prosecutor's Office in Baden applied to the District Court of Baden on 7 March 2013 to revoke the inpatient measure for young adults (Art. 61 SCC) and to order an inpatient therapeutic measure for the treatment of mental disorders (Art. 59 SCC).
On 21 May 2013, the District Court of Baden converted the measure for young adults into a measure under Art. 59 SCC. [X.] appealed against this on 30 May 2013. On 21 November 2013, the High Court of the Canton of Aargau partially upheld [X.] 's appeal and ordered the continuation of the measure for young adults under Art. 61 SCC.
The Office of the Attorney General of the Canton of Aargau lodges an appeal in criminal matters and requests that the contested judgment and the measure for young adults under Art. 61 SCC be revoked, and that an inpatient therapeutic measure for the treatment of mental disorders under Art. 59 SCC be ordered.
Considerations
The Federal Court dismisses the appeal. The lower court does not act arbitrarily if it interprets the expert opinion of Dr. med. [A.] to the effect that he is not of the opinion that the inpatient therapeutic measure under Art. 59 SCC is obviously better suited to address the risk of further crimes and misdemeanours related to the appellant's condition than a measure for young adults under Art. 61 SCC.
The fact that the objective of the measure may not be achieved by the time limit of the measure for young adults does not make a measure under Art. 59 SCC appear obviously better suited. After the maximum…