Kernrechtsfrage
Whether the institutional treatment under Art. 60 CP and the related refusal of suspension could be ordered without a prior expert opinion under Art. 56(3) CP
Extrahierter Entscheid
No. The court held that the lower authorities could not properly decide on the measure or on suspension without an expert assessment addressing the statutory criteria.
Extrahierte Begründung
A treatment measure under Art. 60 CP presupposes a risk of reoffending and thus a negative prognosis. Under Art. 56(3) CP, the necessity, prospects of success, risk of further offences, and feasibility of the measure must be assessed by an expert before the court rules.