Facts
The case concerns a juvenile named A. who was placed in a closed educational institution on a precautionary basis as part of criminal proceedings. The juvenile court later sentenced A. to a custodial sentence and also ordered his placement in an open educational institution and outpatient treatment. The juvenile prosecutor later revoked the placement and treatment, and the juvenile court decided that the duration of the placement (including precautionary closed placement and preventive detention) should be deducted from the custodial sentence. A. filed a complaint and demanded compensation for the "excess detention".
Considerations
The Federal Court dismissed the complaint. It stated that the precautionary closed placement under juvenile criminal law is to be distinguished from remand custody. Protective measures in juvenile criminal law primarily serve educational and therapeutic purposes, while remand custody serves to clarify the criminal offense. The fact that the duration of the placement was longer than the custodial sentence imposed does not lead to compensation in juvenile criminal law, as the placement pursued its own purpose.
The Federal Court further stated that a temporary stay in a…