Question juridique clé
Whether the appellate court lacked jurisdiction to order the conversion to a station ary measure under Art. 65 Abs. 1 StGB
Solution extraite
The complaint on jurisdiction was inadmissibly reasoned and could not be examined; no arbitrariness in the cantonally determined competent court was shown.
Motifs extraits
Under Art. 65 Abs. 1 StGB the conversion must be ordered by a court, but federal law does not clearly decide whether the first- or second-instance court is competent. The matter therefore depends on cantonal law, which is only reviewed for arbitrariness. The appellant failed to substantiate any arbitrary application of the Bernese procedural rules.