Question juridique clé
Whether continued detention in an unsuitable prison was lawful under Art. 397a Abs. 1 ZGB.
Solution extraite
In this specific case, the short continued stay in the prison was still permissible because repeated obstructive conduct by the appellant had made placement in a suitable institution impossible for the time being.
Motifs extraits
The court distinguished prior case law on maximum tolerated stay in unsuitable facilities, emphasizing the appellant’s threats and disruptive behavior in several institutions, the urgent need for secure placement, the positive effect of the closed prison setting, and the requirement to arrange transitional therapeutic support.