Facts
The Juvenile Court of Winterthur sentenced X. to 11 months of deprivation of liberty for various offenses. It credited 17 days of served detention as well as 161 days of placement in closed institutions to the deprivation of liberty. The Juvenile Prosecutor's Office of the Canton of Zurich appealed against the crediting of the precautionary protection measure to the imposed deprivation of liberty.
Considerations
The Federal Supreme Court decided that precautionary juvenile criminal law protection measures pursuant to Art. 5 of the Juvenile Criminal Law Act (JStG) are not to be understood as pre-trial detention within the meaning of Art. 110 para. 7 of the Criminal Code (StGB). Therefore, Art. 51 StGB on the crediting of pre-trial detention is not applicable.
The timing of the crediting of a precautionary juvenile criminal law measure to the imposed deprivation of liberty varies depending on whether the judge in the main judgment continues the measure ordered as a precaution in the…