Facts
[A.] was sentenced on 25 September 2019 to a custodial sentence of 150 days with probation, subject to a probation period of 4 years and an obligation to undergo therapeutic treatment. After [A.] did not comply with these conditions, the execution of the sentence was revoked on 14 October 2021.
At the request of the Execution of Sentences and Probation Service, the public prosecutor's office requested the District Court of the Canton of Lucerne to order a subsequent institutional measure against [A.] pursuant to Art. 59 SCC as well as his detention for safety reasons. The court granted these requests on 29 August 2023.
A.'s appeal against the detention order for safety reasons was dismissed by the Cantonal Court of the Canton of Lucerne on 28 September 2023.
Considerations
The Federal Tribunal considers that the necessary condition for ordering detention for safety reasons during the subsequent independent judicial proceedings on measures, namely that there is a serious risk that the offender will commit offences leading to a custodial measure, was not met in the present case.
Indeed, the new facts and evidence presented by the authority only concern the conditions for imposing a measure and not the offence itself or the guilt of the person concerned. However, according to the recent case law of the European Court of Human Rights, such new elements are not sufficient to overturn a final judgment to the detriment of the convicted person.
Furthermore,…