Facts
On 1 December 2006, the High Court of the Canton of Schaffhausen sentenced [X.] to 12 years of penitentiary for intentional homicide and other offences. It also ordered an outpatient accompanying measure. By order of 24 February 2010, the Office of Justice and Municipalities (Correctional Services) of the Canton of Schaffhausen lifted this outpatient measure and requested that the ordering of an inpatient psychotherapeutic measure pursuant to Art. 59 SCC be examined. After obtaining a psychiatric expert opinion, the High Court of the Canton of Schaffhausen waived the ordering of an inpatient measure on 15 June 2012 and imposed the procedural costs on [X.] .Considerations
The Federal Supreme Court sets aside the decision of the High Court and remands the case for a new decision to the lower instance. It justifies this as follows: The subsequent procedure for examining an inpatient measure was initiated after the entry into force of the Swiss Criminal Procedure Code on 1 January 2011, so the new law is applicable. The lower instance has wrongly imposed the costs according to the old cantonal law. For the imposition of the procedural costs, an adequate causal link between the criminal conduct of the appellant and the incurred costs is required. Such a link is not…