Facts
The appellant [X.] was convicted in 1981 of intentional homicide and simple bodily harm and sentenced to a custodial measure. In 1997, he was conditionally released and placed under supervision. The probation period has been extended several times, most recently until December 11, 2019. The appellant requests the revocation of the decision and the waiver of an extension of the probation period.
The lower court based its decision on a forensic psychiatric expert opinion, which assumes a qualified risk of recidivism within the meaning of Art. 62a para. 3 SCC. The appellant suffers from paranoid schizophrenia and has not developed any insight into his illness. Without regular medication, there is a risk of an exacerbation of his illness with unforeseeable consequences.
Considerations
The Federal Court examines whether the lower court assumed a qualified risk of recidivism without violating federal law. The expertise of the Psychiatric University Clinic Zurich confirms the diagnosis of paranoid schizophrenia and recommends continued treatment. The appellant has not developed any insight into his illness and externalizes all blame.
The lower court adopts the assessors' evaluation and assumes a qualified risk of recidivism. The appellant is unable to call into question the expert conclusions. The instruction to undergo regular medical treatment is indicated for the prevention of serious crimes and also serves to maintain…