Decision on the application of the educational measure of work for an offender who acted before and after the age of 25

Facts

On 9 September 1967, B. began committing offences, including the acquisition and sale of drugs, a few months before his 25th birthday, and continued his criminal activities until the age of 26. The Criminal Chamber of the Cantonal Court of St. Gallen found him guilty of serious violations of the Narcotics Act, drug consumption, theft and attempted theft, and placed him in a work education home. The Public Prosecutor's Office of the Canton of St. Gallen filed a nullity appeal, requesting the annulment of the decision and the referral of the case to the cantonal authority in order for it to impose, in addition to the work education measure, a penalty.

Considerations

The Federal Tribunal considers that the material conditions for ordering B.'s placement in a work education home under Art. 100bis para. 1 SCC are met, as he began committing offences a few months before his 25th birthday and continued until the age of 26. However, the work education measure is only intended for young adults, and the judge can only order it if the offender had not yet reached the age of 25 at the time of the acts (Art. 100 SCC).

Although B. acted before and after the age of 25, the Federal Tribunal considers that it is reasonable and appropriate to allow the work education measure even for an offender who became…