Facts
The case concerns the question of whether the institution B. can be considered a "suitable institution" within the meaning of Art. 397a para. 1 CC for the compulsory social assistance measures of the appellant X. X. suffers from a congenital mental deficiency that leads to a personality disorder with extreme irritability. He commits offenses of leaving without paying and resorts to threats and physical violence, with excessive alcohol consumption playing an additional negative role.
The lower court, the Appeals Commission of the Cantonal Court S., had ordered the placement of X. in the institution B. as a suitable measure within the framework of compulsory social assistance measures. X. appeals against this decision to the Federal Supreme Court.
Considerations
The Federal Supreme Court first examines what is to be understood by a "suitable institution" within the meaning of Art. 397a para. 1 CC. It finds that the legislator has deliberately refrained from defining the term in more detail in order to take into account the different forms of institutions in Switzerland.
In principle, an institution must be able to guarantee the specific care and support required for the person concerned. The stay in the institution should also have an educational effect on the person concerned, so that he can master his life on his own after release.
The Federal Supreme Court admits that penal institutions are generally not considered suitable for compulsory social assistance measures. However, it exceptionally allows that a penal…