Question juridique clé
Whether the stationary preventive measure replacing detention was constitutionally and legally justified, and whether the appellant had to be released.
Solution extraite
The measure was upheld because the psychiatric assessment supported an urgent need for closed inpatient treatment and the risk of further offending made the measure proportionate.
Motifs extraits
The Federal Court accepted that the severe psychiatric disorder, the need for strict closed treatment, and the high likelihood of future delinquency satisfied § 89bis(1) StPO/LU; outpatient treatment was not an option and driving-license withdrawal would not sufficiently avert the danger.