Facts
X., born on August 17, 1990, was found guilty of murder, sexual coercion, and rape and sentenced to 4 years of deprivation of liberty. The juvenile court ordered his placement in a secure institution and outpatient treatment of his mental disorder. Approaching his 22nd birthday, the public prosecutor requested his placement in an appropriate and secure institution. The district then ordered a measure of deprivation of liberty for the purpose of assistance under Art. 397a CC and ordered his transfer to the secure section of the young adult prison.Considerations
The Court examines the legality and proportionality of this measure of deprivation of liberty for the purpose of assistance. It finds that the appellant suffers from a mental disorder, namely sexual sadism and antisocial personality disorder, which constitutes a state of weakness within the meaning of Art. 397a para. 1 CC justifying such a measure. Although the prison is not the…