Questione giuridica chiave
Whether the conditions for internment under Art. 43 ch. 1 al. 2 CP were met
Decisione estratta
No. Internment requires a clearly established mental condition causing serious danger to public safety and necessity as a last resort; the cantonals relied on an insufficient psychiatric basis and on threats and minor violent acts that did not show such serious danger.
Motivazione estratta
The experts did not clearly recommend internment, only firm supervision and treatment. The offenses were repetitive but not grave enough, and the mere possession of knives or isolated threats did not establish serious public danger. The lower courts therefore violated federal law.