Question juridique clé
Whether the four-year extension of the institutional therapeutic measure was proportionate under Art. 59 al. 4 and Art. 56 al. 2 CP.
Solution extraite
The four-year extension was proportionate given the grave prior offences, the very high risk of reoffending, and the slow therapeutic progress.
Motifs extraits
The court held that the measure may be extended up to five years at a time, but not automatically; proportionality applies to duration as well. Here, the appellant had been convicted of very serious sexual and liberty offences, the expert assessed the recidivism risk as enormous, and the improvement was very slow. The long duration of detention did not render the extension disproportionate.