Involuntary Commitment to Work and Education Facility for Character Disorder

The appellate court addressed whether an individual, convicted of property offenses and narcotics violations, could be involuntarily committed to a work and education facility under Article 100bis Ziff. 1 of the Criminal Code, despite the individual's resistance. The court reasoned that the psychiatric evaluation indicated the offenses stemmed from a character development disorder, rendering the 23-year-old "neglected" or "work-shy" and thus suitable for the measure, as the lack of initial motivation or insight is often part of the underlying condition, particularly for individuals with weak ego structures who have experienced trauma, meaning voluntariness is not a mandatory prerequisite for the success of such a measure, which will depend on the therapeutic environment provided.