Questione giuridica chiave
Whether the statutory conditions for internment under Art. 43 CP were met
Decisione estratta
The cantonal court did not sufficiently examine whether less restrictive measures, especially secure hospital or asylum placement, could prevent reoffending; internment was therefore not yet justified.
Motivazione estratta
Internment is an ultima ratio measure. Even if mental disorder and dangerousness are established, the court must verify whether treatment or care in a less restrictive secure setting would suffice before ordering internment. The lower court failed to analyze this subsidiarity question.