Key legal question
Whether a measure under Art. 59 StGB and diminished responsibility may be based on an expert report prepared by a psychologist rather than a psychiatrist
Extracted holding
For Art. 20 and 56(3) StGB, an expert is generally required to be a specialist in psychiatry and psychotherapy; the report here should have been prepared by such a physician.
Extracted reasoning
Text, materials, purpose, case law and doctrine all point to a psychiatric specialist as the usual qualified expert, because the report must assess possible physical or organic causes and complex psychiatric questions.