Facts
The appellant [X.] was convicted by the District Court of Baden for qualified violations of the Narcotics Act, multiple violations of the same, multiple violations of the Weapons Act and simple bodily harm to a prison sentence of 28 months and a fine of CHF 300.--. The High Court of the Canton of Aargau increased the prison sentence to three years and suspended it in favor of a stationary therapeutic measure. The appellant requests with a complaint in criminal matters that the high court judgment be partially repealed, and the prison sentence not be suspended in favor of a stationary therapeutic measure.
The lower court found that the appellant suffers from a dissocial personality disorder and that there is a high risk of recidivism for violent crimes, which can be countered with a stationary therapeutic treatment. The appellant objects to the order of a stationary therapeutic measure and the suspension of the prison sentence in favor of this measure, as he is neither willing to undergo therapy nor motivable.
Considerations
The Federal Court examined whether the lower court rightly ordered a stationary therapeutic measure. It found that the lower court considered the relevant factors for ordering a stationary therapeutic measure, in particular the appellant's mental disorder, the connection between the disorder and the crimes committed, and the likelihood that the treatment will significantly reduce the risk of further crimes.
The court found that the lower court did not arbitrarily assess the appellant's willingness and motivation to undergo therapy. It is sufficient if the person concerned is at least…