Facts
The District Court of Bülach sentenced [X.] on November 13, 2014 for multiple false accusations and various violations of the Road Traffic Act to a custodial sentence of 12 months, of which 6 months were suspended, as well as a fine of CHF 250.--. On April 7, 2015, [X.] applied to serve the sentence in semi-imprisonment in the canton of Bern. This request was rejected on June 8, 2015. On August 27, 2015, [X.] filed a new request for serving the sentence under the semi-imprisonment regime, which was rejected by the Zurich Penitentiary Administration on October 2, 2015. [X.] appealed this rejection to the Administrative Court of the Canton of Zurich, which also dismissed the appeal by judgment of June 8, 2016.
Considerations
The Federal Supreme Court notes that the requirements for admission to semi-imprisonment pursuant to Art. 77b of the Swiss Criminal Code must be fulfilled. This includes the convicted person pursuing employment or training and demonstrating the self-discipline necessary for the orderly execution of the sentence. The lower court was therefore entitled to demand that the appellant provide transparent information about his work activities.
The Federal Supreme Court sees no arbitrariness in the lower court's findings of fact. It criticized that the appellant's statements about his…