Facts
The appellant [X.] was found guilty of rape, sexual coercion, and trespassing on April 27, 2011, and sentenced to a prison term of 3 years. He was admitted to a facility for young adults. On May 9, 2014, he was conditionally released from the measure for young adults. After he violated the instructions imposed on him, he was reversed to measure enforcement on March 9, 2015, and an inpatient therapeutic measure was ordered.
The appellant lodged a complaint against the decision of the High Court of the Canton of Zurich of December 5, 2016, which dismissed his complaint. He requested the reversal of the decision and the dismissal of the application for reversal to the measure for young adults, as well as the order of an outpatient psychiatric-psychotherapeutic treatment.
Considerations
The Federal Court examined the appellant's complaint and came to the following conclusion: The lower court rightly found that the appellant had not proven himself during the probation period, as he had violated the instructions imposed on him. The reversal to measure enforcement and the order of an inpatient therapeutic measure are proportionate and justified.
The Federal Court found that the lower court did not violate the independence of the expert, as the latter was not involved in the…