Questão jurídica principal
Whether the refusal to transfer the appellant from a closed setting to an open therapeutic institution violated Art. 59 paras. 2-3 Swiss Criminal Code and proportionality.
Decisão extraída
No. Given the qualified and concrete risk of violent reoffending, a closed setting was justified and the transfer to an open institution could be refused.
Fundamentação extraída
The latest expert reports and prison assessments showed a significant risk of violent recidivism, especially under stress, and the appellant could not identify or manage risk factors. A grave threat to institutional safety and order was established.