Questão jurídica principal
Whether the closed institutional treatment under Art. 59 CP was adequately prognosed as capable of preventing reoffending, or whether internment was required instead.
Decisão extraída
The treatment remained a viable and proportionate measure; the prior neuroleptic treatment had not failed, and the danger could be addressed by treatment in a closed setting.
Fundamentação extraída
The expert opinion and prison psychiatrist confirmed that prolonged neuroleptic and psychotherapeutic treatment could improve the defendant's condition and reduce recidivism risk. The earlier medication was stopped because of side effects at the defendant's request, not because it was ineffective. Since Art. 59 CP may be executed in a closed institution, it also adequately protects public safety. Internment is subsidiary and only comes into play if Art. 59 CP cannot succeed.