Questione giuridica chiave
Whether the psychiatric expert report was sufficiently recent, reliable, and independent to support a measure under Art. 43 StGB.
Decisione estratta
The report was usable despite its age and partial reliance on prior records because the defendant repeatedly refused examination, the earlier findings remained largely unchanged, and the supplementary report confirmed the diagnosis and risk.
Motivazione estratta
No fixed one-year limit applies; older reports may be relied on if circumstances have not materially changed. A personal examination is generally required, but exceptions exist when the examinee refuses cooperation. The assessor was not shown to lack independence, and there was no need to treat cited medical records as full expert reports.