Facts
Heinz Seger, born in 1949, was placed on 18 October 1971 for two years in the Krekelhof work education home in Herisau. On 20 April/19 May 1972, the District Court of Steckborn sentenced him to 8 months' imprisonment for repeated thefts and other offences, ordering the execution of this sentence in the form of placement in a work education home. Seger subsequently escaped from various institutions on several occasions. On 11 July/5 August 1974, the District Court of Steckborn rejected his request for definitive or conditional release from the work education measure. Seger appealed against this decision.Considerations
According to Art. 100ter para. 4 SCC, the judge can only order the early termination of the work education measure for particular and compelling reasons, when the measure proves unsuccessful before the expiry of the 3-year period. In the present case, the report from the Realta institution does not reveal such reasons justifying the premature interruption of the measure. The circumstances invoked fall within the assessment of the competent enforcement authority, which will have…