Question juridique clé
Whether the refusal to order internment under Art. 43 ch. 1 al. 2 CP was lawful.
Solution extraite
Internment was necessary because the expert assessment showed a significant violence and dangerousness risk, the ongoing sociotherapy under the prison sentence was insufficient, and a long determinate sentence did not adequately protect public safety.
Motifs extraits
Internment is an ultima ratio, but the judge must compare its preventive effect with that of the sentence. Here, the expert recommended internment and further sociotherapy, while also stating that danger could not yet be reliably ruled out. The cantonal court gave insufficient weight to that assessment and wrongly assumed the prison sentence alone would suffice.