Questione giuridica chiave
Whether the conditions for internment under Art. 64 CP were met
Decisione estratta
The appellate court could not deny a highly probable risk of reoffending on the basis of the contradictory expert opinions; a new expertise by another expert is required.
Motivazione estratta
The expert's statements were hesitant and contradictory on whether the risk of repeated sexual coercion or rape was imminent or highly significant. Because the expert stepped beyond his mandate and assessed the statistical likelihood of encountering a lone woman on a train rather than the defendant's propensity to reoffend in the relevant situation, the cantonal court could not safely refuse internment without further clarification.