Questão jurídica principal
Whether a stationary therapeutic measure under Art. 59 StGB was lawful despite expert recommendations for ambulatory treatment.
Decisão extraída
The Federal Court held that the cantonal court could depart from the experts and order a stationary measure because the statutory criteria were met and the measure was necessary, suitable and proportionate.
Fundamentação extraída
The court relied on a psychiatric report showing a severe paranoid personality disorder, a strong causal link to the offences, high recidivism risk, poor prospects for successful outpatient treatment, and the need for a closed setting to protect the public and stabilize therapy.