Questão jurídica principal
Whether diminished responsibility bars placement in a work-education institution under Art. 43 StGB when Arts. 14 or 15 StGB do not apply.
Decisão extraída
No. Diminished responsibility does not in itself exclude application of Art. 43 StGB if the conditions of Arts. 14 or 15 StGB are not met.
Fundamentação extraída
Art. 15 applies only where treatment or care in a medical institution is required; if such treatment is unnecessary, the judge may still apply Art. 43 even to a diminished-responsibility offender. The fact that some prerequisites of Art. 43 may stem from diminished responsibility does not create an exclusion.