Facts
X. was convicted by penal order dated March 18, 2014 for theft, fraud and drug offenses, and the protective measure of personal supervision was ordered. In May 2014, he was again punished for drug offenses. On November 26, 2014, the Youth Prosecutor's Office initiated proceedings to modify the measure and on December 3, 2014 ordered the precautionary placement of X. in an open educational institution. X. appealed against this order, which the High Court of the Canton of Bern dismissed on January 9, 2015.
X. then filed a criminal appeal with the Federal Supreme Court, requesting that the precautionary placement be lifted or the matter be remanded to the lower court for reassessment.
Considerations
The Federal Supreme Court notes that juvenile criminal law is oriented towards the education and protection of the juvenile. In addition to penalties, it knows in particular protective measures such as supervision, personal care, outpatient treatment, as well as open and closed placement.
These protective measures can be subsequently adapted in accordance with Art. 18 of the Juvenile Criminal Law Act (JStG) in the event of changed circumstances. The principle of the possibility of modification of the measure at any time until the juvenile reaches the age of 22 is decisive.
The Federal Supreme Court considers it permissible that in the proceedings for the…