Partial Upholding of the Appeal against Precautionary Inpatient Placement in a Youth Prison

Facts

The not yet fully 16-year-old [X.] was criminally prosecuted by the Zurich-City Youth Prosecutor's Office for attempted murder. The Youth Prosecutor's Office ordered the precautionary inpatient placement of the accused in the youth department of the Limmattal Prison. [X.] appealed against this to the Federal Court. He requested that the placement be in a more suitable institution than the prison.

Considerations

The Federal Court states that the requirements for a precautionary inpatient placement under Art. 15 para. 2 JCrimPC are fulfilled. The accused had repeatedly used violence against persons and property in the past and was no longer tolerable in various institutions. The urgent suspicion of attempted murder also justified the order of a precautionary protective measure. However, the placement should not be permanent in the youth prison.…