Placement in youth home after suspected attempted murder
Published: Monday, Aug 12th 2024, 12:20
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A juvenile accused of attempted intentional homicide may be placed in a juvenile home as a precautionary measure. The Federal Supreme Court rejected an appeal by the person concerned. The juvenile prosecutor's office in Aargau ordered the placement.
Last year, the teenager forced his way into a house at night and strangled a child of primary school age on the upper floor. When the victim's mother was woken by the noise and entered the room, the accused fled. This is the result of a ruling by the Federal Supreme Court published on Monday.
The highest Swiss court confirms the opinion of the Aargau High Court that the conditions for placement are met. It is true that the expert was unable to identify any mental disorder or personality impairment with pathological value in the young person. However, according to the Federal Court, the motive for the crime is unclear.
Risk difficult to assess
For this reason, the lower court's view that the risk factors cannot yet be reliably assessed can be accepted. In the case of placement, it is possible to recognize factors that have not yet been recorded and to react to them more quickly. In addition, accommodation could prevent stigmatization of the accused in his place of residence and its consequences.
The cantonal judiciary has not yet reached a final decision in these proceedings, which are being conducted under juvenile criminal law. (Judgment 7B_758/2024 of 31.7.2024)
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