Facts
On 28 January 2002, [X.] , born in 1983, violently struck Dr. [A.] , his treating physician for depression since 27 November 2001, on the head with a hammer. The Criminal Court of Basel-Stadt (criminal chamber with three judges) acquitted [X.] on 9 August 2002 of attempted grievous bodily harm under Art. 10 SCC and placed him in a medical-psychological institution under Art. 43 para. 1 cl. 1 SCC, based on a psychiatric expert report from the University Psychiatric Clinic of Basel (PUK) dated 8 July 2002. On 6 May 2003, the private Ombudsman filed a request to reopen the proceedings based on a psychiatric expert report by Dr. [B.] dated 27 February 2003. This request was rejected on 10 July 2003 by the Criminal Court of Basel-Stadt. On 5 February 2004, lawyer Sandra Sutter-Jeker filed a new request to reopen the proceedings, based on a psychiatric expert report by Dr. [C.] dated 26 January 2004. On 4 June 2004, the Criminal Court of Basel-Stadt rejected this request under Art. 192 para. 1 CrimPC/BS.Considerations
The Federal Tribunal considers that the Criminal Court did not sufficiently justify its rejection of the request to reopen the proceedings. Although the Criminal Court examined the issue of reopening on the merits, it did not explain in a…