Facts
The appellant [X.] was sentenced by the District Court of Laufenburg on 24 March 2015 to a prison term of 18 months for simple bodily harm and violence and threats against authorities and officials, and a custodial measure pursuant to Art. 59 SCC was ordered. The execution of the prison sentence was suspended in favor of the custodial measure. On 7 December 2015, [X.] applied for conditional release from the custodial measure, which was rejected by the Office of Justice (AJV). [X.] appealed to the Administrative Court of the Canton of Aargau, which dismissed the appeal on 11 August 2016.
[X.] files a criminal appeal with the requests that the judgment of 11 August 2016 be set aside and he be conditionally released from the custodial measure. In the alternative, the matter should be referred back to the lower court for a new assessment and the conduct of an oral hearing. He requests free legal aid.
Considerations
1. Refusal of conditional release
The appellant complains that in the judgment of 24 March 2015, it was neither established nor justified that he suffered from a serious mental disorder within the meaning of Art. 59 para. 1 SCC. The refusal of conditional release from the custodial measure was already unlawful under federal law due to the lack of a serious mental disorder in the legal sense from the outset.
2. Legal basis
The court may, pursuant to Art. 59 para. 1 SCC, order a custodial treatment if the offender is severely mentally disturbed, his crime or offense is related to his mental…