Appeal Against Provisional Custodial Measure Overturned Due to Lack of Urgency

In an appeal against the provisional ordering of a custodial measure based on a forensic psychiatric report, the court overturned the initial decision, finding that the necessary prerequisite of urgency was not met. The court reasoned that while the expert identified a high risk of recidivism if treatment was withheld, the statutory requirement for the *provisional* (vorsorgliche) order under the relevant procedural code is to be assessed exclusively on medical or therapeutic grounds, such as immediate harm to the individual's health or impaired future prognosis if treatment is delayed; the mere finding of a significant risk of reoffending, which is relevant for justifying continued pre-trial detention, is insufficient, by itself, to establish the required urgency for a provisional measure.