Question juridique clé
Whether preventive detention was legally possible during post-judgment proceedings for substituting a psychiatric measure.
Solution extraite
Yes. Under Vaud cantonal law, the detention rule could also apply in a post-judgment decision procedure where a new measure likely entailed deprivation of liberty.
Motifs extraits
Although the criminal proceedings had ended with a final judgment, the court held that the accused was procedurally placed back in a position comparable to the pre-trial stage for purposes of deciding the new measure; preventive detention could secure the execution of a likely institutional measure.