Facts
[X.] , born in 1995, was sentenced by the Zurich Juvenile Court on 8 November 2012, inter alia, to a custodial sentence of 9 months for serious bodily harm. In addition to outpatient treatment, the court ordered an open placement with the [A.] therapy facility. The execution of the custodial sentence was suspended in favour of this measure.
On 19 November 2013, the Zurich Juvenile Prosecution Office initiated a measure amendment procedure and ordered the precautionary placement of [X.] in a closed institution. As justification, it stated that the safety of the juvenile and third parties could not otherwise be sufficiently guaranteed. The Cantonal Court of Zurich dismissed [X.] 's appeal against this on 27 December 2013.
Considerations
The Federal Supreme Court quashes the decision of the Cantonal Court. It finds that the abrupt termination of the special setting arranged for [X.] and the subsequent precautionary commitment to the closed ward were not justified by his own conduct. Rather, these measures were a consequence of critical media coverage and public pressure. Since [X.] had behaved reliably and stably in the special setting, the assessment deemed necessary could and should have taken place within the…