Question juridique clé
Whether the appellate court's finding that the measure had failed was arbitrary in its assessment of the evidence.
Solution extraite
The evidentiary assessment was not arbitrary; the court could rely on the defendant's conduct, his disappearance, and the later course of the measure despite the omitted psychiatric report.
Motifs extraits
The appellate court did not base itself on a formal finding of failure but on extraordinary circumstances ending the measure in fact. The criticized report had been overtaken by later developments, and the court was not obliged to discuss every piece of evidence in detail.