Question juridique clé
Whether the civil commitment under former Art. 397a ZGB was justified on the basis of the evidence and expert reports.
Solution extraite
The findings on concrete and immediate danger, treatment insight, and the necessity of inpatient treatment were incomplete; the appellate judgment had to be set aside and the case remitted for further fact-finding and a new decision.
Motifs extraits
In alcoholism cases, an expert report must address the health condition, concrete danger to self or others, possible deterioration if treatment is omitted, the need for inpatient treatment, treatment insight, and the suitability of the institution. The reports here only described an abstract risk of fatal intoxication and did not sufficiently establish immediate danger or treatment insight.