Questão jurídica principal
Whether the preventive inpatient measure under cantonal law and Art. 59 StGB had a sufficient legal basis
Decisão extraída
Yes. Section 89bis(1) StPO together with Art. 59 StGB authorized a preventive measure for an accused who is seriously mentally ill, urgently needs treatment, and is charged with a related offence; consent was not required.
Fundamentação extraída
The provision applies to unconvicted accused persons and allows coercive implementation in urgent cases. Art. 58(1) StGB does not exclude additional cantonal urgent measures.