Questione giuridica chiave
Whether internment under Art. 43 ch. 1 al. 2 CP was validly ordered on the basis of the psychiatric expertise
Decisione estratta
The internment could not be upheld because the expert did not expressly state which measure he recommended, whether internment was necessary, or whether another measure would suffice.
Motivazione estratta
Before ordering internment, Art. 43 ch. 1 al. 3 CP requires a psychiatric expertise on the offender's condition and on the need for internment, treatment, or care. Given the gravity of internment, these prerequisites must be strictly met.