Facts
The then 18-year-old [X.] was charged by the Juvenile Court of Bern-Mittelland in criminal proceedings for various offences such as assault, bodily harm, insult, threat, coercion, theft, property damage and trespass. During the criminal investigation, the Juvenile Court ordered the precautionary protective measure of placement in an open educational institution for [X.] . However, as [X.] repeatedly evaded the measure by fleeing and is said to have committed further offences during this time, the Juvenile Court decided to transfer him to a closed educational institution.
[X.] appealed against this order to the Cantonal Court of Bern, which dismissed the appeal by decision of 23 December 2010. Against this decision, [X.] filed a criminal law appeal to the Federal Supreme Court.
Considerations
The Federal Supreme Court examined whether the order for the precautionary placement of the appellant in a closed educational institution complied with the principle of proportionality pursuant to Art. 36 para. 3 Cst. It concluded that the measure is indispensable for the treatment of the appellant's mental disorder, as a return to the parents or placement in an open institution does not appear promising due to the previous escape attempts and the risk of further offences. The initial expert…