Facts
The appellant [X.] was sentenced to a prison term of 8 years by the Appellate Court of the Canton of Basel-Stadt on January 12, 2007, for various offenses. Subsequently, the Appellate Court ordered a stationary therapeutic measure. The appellant filed a complaint in criminal matters with the Federal Supreme Court against this decision. During the pending complaint proceedings, the Division of Penal Enforcement requested the order of preventive detention to secure the appellant's further detention. The President of the Appellate Court ordered preventive detention until the Federal Supreme Court decides on the complaint.
The appellant filed a complaint in criminal matters with the request to establish that the Appellate Court was not competent to order preventive detention. Alternatively, he requested the reversal of the Appellate Court's decision and the establishment that the prerequisites for ordering preventive detention were not met.
Considerations
The Federal Supreme Court examined the Appellate Court's competence to order preventive detention. It found that the lower court based its competence on Art. 232 CrimPC, which regulates preventive detention during proceedings before the court of appeal. The Federal Supreme Court found that the competence to order preventive detention remains with the cantonal authority, even if a complaint in criminal matters is filed against the Appellate Court's decision.
The Federal Supreme Court further examined whether the prerequisites for ordering preventive detention were met. It found that the appellant had already served his sentence, but the subsequent order of the stationary therapeutic measure was not yet…