Question juridique clé
Whether the conditions for placement in an establishment for young adults under Art. 61 CP were met instead of institutional treatment under Art. 59 CP.
Solution extraite
The defendant's dangerousness and lack of willingness to cooperate excluded placement under Art. 61 CP; the psychiatric-treatment measure under Art. 59 CP was therefore correct.
Motifs extraits
Art. 61 CP is reserved for young adults who are still educable, not dangerous, and accessible to socio-pedagogical treatment. Here, the expert and the cantonal findings showed a severe personality disorder, very high recidivism risk, no significant progress in prior institutions, refusal to cooperate, and violent behavior, which made Art. 61 CP unsuitable.