Questão jurídica principal
Whether a measure under Art. 43 Abs. 1 StGB may be ordered even if the offender is fully responsible.
Decisão extraída
Yes. A measure under Art. 43 StGB can also be ordered where the offender's imputability is not diminished, provided the mental condition requires medical treatment or special care.
Fundamentação extraída
The court relied on the legislative history of Art. 43 StGB and held that responsibility affects guilt and sentencing, not the ordering of medical or preventive measures. The decisive criterion is a mental condition requiring treatment or special care.