Facts

The case concerns a minor, [S.], who was placed under guardianship and grew up in foster families and homes. He presented educational difficulties and committed several offenses, including vehicle thefts and a theft. On March 22, 1962, the juvenile court of the Zurich district ordered his placement in an educational institution under Article 91, ch. 1, of the Swiss Criminal Code (SCC). [S.] escaped from the institution several times and was arrested again. On May 13, 1965, the juvenile court canceled the placement measure, considering it to be without object. The youth service of the canton of Zurich appealed this decision, which was rejected by the higher court. The youth service then appealed to the Federal Court.

The key facts of the case are as follows

  • [S.] was placed under guardianship and grew up in foster families and homes.
  • He committed several offenses, including vehicle thefts and a theft.
  • On March 22, 1962, the juvenile court of the Zurich district ordered his placement in an educational institution under Article 91, ch. 1, of the SCC.
  • [S.] escaped from the institution several times and was arrested again.
  • On May 13, 1965, the juvenile court canceled the placement measure, considering it to be without object.

Considerations

The Federal Court considered that difficulties in execution do not constitute a reason to lift a measure of referral to a juvenile institution. Article 91, ch. 1, of the SCC provides that the minor must remain in the institution as long as his education requires it, but at least one year. The court estimated that the fact that [S.] had reached the age of 22 does not automatically mean that he must be released.

The court also considered that the reasons that led to S.'s initial placement in the institution have not disappeared and that the difficulties in execution do not justify the cancellation of the measure. The court…