Order for the Closed Placement of a Juvenile

Facts

The Federal Court consolidates two proceedings concerning the modification of the protective measure and the order for the closed placement of a juvenile ([A.] ). The juvenile had previously been convicted of various offenses and outpatient protective measures had been ordered. Since these did not take effect, the juvenile prosecution service requested a modification of the measure and ordered a precautionary closed placement.

The Juvenile Court lifted the outpatient measures and ordered a placement within the meaning of Art. 15 paras. 1 and 2 of the Juvenile Criminal Law Act (JStG) as well as the continuation of the outpatient treatment. The juvenile appealed against this decision.

Considerations

The Federal Court finds that the requirements for the order of closed placement pursuant to Art. 15 paras. 1 and 2 JStG are met. The juvenile is generally capable of being subject to a measure, even if his willingness to undergo the measure is problematic. The placement proves to be proportionate in order to ensure the necessary education and treatment.

However, the Federal Court criticizes the fact that the juvenile has been placed in the juvenile department of a prison since August…