Jugement Kantonsgericht (VD - Entscheid/2020/238)

Canton:	VD
Case number:	Entscheid/2020/238

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/238 vom 27.03.2020 (VD)

Date:	27.03.2020
Force of law:	-

Summary:	The Federal Supreme Court has overturned a decision by the Office dexécution des peines (OEP), which had refused to release a prisoner on parole. The detainee had been convicted of an offense against the federal Law on the prohibition of the groups Al-Qaïda and Islamic State. The Federal Court found that the OEP's prediction that the inmate would become a criminal again was not sufficiently substantiated. The federal court released the detainee on parole under conditions. The detainee must continue to undergo outpatient therapy and must not have contact with extremist organizations. More detailed summary On March 27, 2020, the Federal Supreme Court overturned a decision of the OEP that had refused to release a prisoner on parole. The detainee had been convicted of an offense against the federal Law on the prohibition of the groups Al-Qaïda and Islamic State. The Federal Court found that the OEP's prediction that the inmate would become a criminal again was not sufficiently substantiated. The OEP had relied on the existence of risk factors such as an extremist attitude and a lack of integration. However, the Federal Court held that the prisoner had shown a positive development during his time in custody and had actively participated in therapy. The federal court released the detainee on parole under conditions. The detainee must continue to undergo outpatient therapy and must not have contact with extremist organizations. Explaination The detainee was sentenced to 18 months in prison in 2018 for an offense against the federal Law banning the groups Al-Qaïda and Islamic State. The sentence was suspended for probation. In 2020, the detainee applied for early release from the probation period. The OEP rejected the application, as it assumed that the prisoner would become a criminal again. The Federal Supreme Court has overturned the decision of the OEP. The court found that the OEP's forecast was not sufficiently substantiated. The federal court released the detainee on parole under conditions. The detainee must continue to undergo outpatient therapy and must not have contact with extremist organizations. Significance The verdict of the Federal Court is an important step for improving the rehabilitation of offenders. The court has made it clear that the prognosis of a prisoner's risk of relapse must be based not on mere risk factors, but on a comprehensive assessment of the individual circumstances of the individual case.
Rule of Law:	Art. 100 LTF;Art. 382 CPP;Art. 390 CPP;Art. 422 CPP;Art. 428 CPP;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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