Facts
The appellant [X.] was found guilty by the District Court of Rheinfelden on 27 October 2011 of robbery, multiple attempted robbery, minor theft, violence and threats against authorities and officials, as well as violation of the Weapons Act. The court sentenced him to a prison term of two years and six months and a fine of CHF 500.--. At the same time, it revoked the conditional execution of a prison sentence of 180 days and ordered a stationary therapeutic measure in a closed institution. The execution of the prison sentence was postponed in favor of the measure.
The High Court of the Canton of Aargau dismissed [X.] 's appeal on 16 August 2012 and fully confirmed the district court's judgment. It decided that [X.] should be returned to the Interkantonal Prison Bostadel to ensure the execution of the measure.
[X.] requested with a complaint in criminal matters that the high court's judgment of 16 August 2012 be annulled and a accompanying ambulatory measure be ordered. The procedural costs should be borne by the state. [X.] applied for free legal aid and representation.
Considerations
The Federal Court examined the order of the stationary therapeutic measure according to Art. 59 SCC. It found that the requirements for ordering such a measure are met, as the appellant is severely mentally disturbed, his crime or offense is related to his mental disorder, and it can be expected that the stationary treatment will reduce the risk of further crimes.
The court pointed out that a stationary measure regularly causes significant loss of freedom for the person concerned and affects fundamental rights. State interventions in freedom rights require a public interest and must be proportionate. The principle of proportionality has been concretized in the SCC.
The court found that the order of the stationary therapeutic measure is not objectionable, as the requirements of Art. 56 para. 1 in conjunction with Art. 59 para. 1 SCC are met. It found that the appellant is severely mentally disturbed, his crime or offense is related to his mental disorder, and it can be expected that the stationary…