Key legal question
Whether internment under Art. 43 ch. 1 al. 2 CP was validly ordered on the basis of the psychiatric expertise
Extracted holding
The internment could not be upheld because the expert did not expressly state which measure he recommended, whether internment was necessary, or whether another measure would suffice.
Extracted reasoning
Before ordering internment, Art. 43 ch. 1 al. 3 CP requires a psychiatric expertise on the offender's condition and on the need for internment, treatment, or care. Given the gravity of internment, these prerequisites must be strictly met.