Questione giuridica chiave
Whether criminal proceedings should be discontinued because the accused was completely insane at the time of the offence.
Decisione estratta
No. Where the act is connected with an abnormal mental state and measures under Art. 43 or 44 StGB may be considered, the proceedings must not be discontinued merely because criminal responsibility is lacking.
Motivazione estratta
Under Art. 10 StGB, lack of culpability does not preclude protective measures. The court must retain the possibility of deciding on confinement, placement in a hospital or nursing institution, or ambulatory treatment. Since the expert opinion indicated such a connection and a measure under Art. 43 StGB was conceivable, discontinuance was inappropriate.