Facts
The appellant [X.] murdered [AO.] on 4 March 2009. He was sentenced by the District Court of Baden to life imprisonment and was regularly detained pursuant to Art. 64 para. 1 SCC. The High Court of the Canton of Aargau confirmed the life sentence but additionally ordered life-long detention pursuant to Art. 64 para. 1bis SCC. [X.] filed a criminal law appeal against the order of life-long detention. He argued that the requirements of Art. 64 para. 1bis lit. c SCC were not met, as he could not be classified as permanently untreatable.Considerations
The Federal Supreme Court upheld the appeal. It stated that according to the wording, the legislative history, and the purpose of Art. 64 para. 1bis lit. c SCC, "permanently untreatable" means a state of affairs connected to the perpetrator's personality that is unchangeable for life. However, the lower court had expressly found that, according to the expert…