Question juridique clé
Whether the requirements for placement in a work education institution under Art. 100bis StGB were met.
Solution extraite
No. The appellant showed no qualifying developmental disturbance, no relevant link between his condition and the offences, and no realistic prospect that the measure would prevent further offending; he was also considered dangerous.
Motifs extraits
The court endorsed the lower court's assessment that the appellant's mild intellectual disability, idleness and lack of insight did not amount to the kind of malfunction or endangered development targeted by Art. 100bis StGB. Social-pedagogical treatment could not remedy the deficit or adequately reduce reoffending risk, especially given the violent manner of the offences and the high risk of relapse.