Facts
The Office of the Attorney General of the Canton of Zurich filed an appeal against a judgment of the High Court of the Canton of Zurich. The High Court had awarded the appellant X. compensation for 197 days of excess detention, as the remand detention had not been credited against the ordered inpatient therapeutic measure.
X. was in remand or security detention from June 24, 2012 to April 17, 2013, i.e., for 298 days. The District Court of Winterthur found that X. had fulfilled various criminal offenses, but acquitted him due to insanity and instead ordered an inpatient therapeutic measure. The High Court upheld this judgment.
Considerations
The Federal Supreme Court states that remand and security detention must generally be credited against liberty-depriving measures pursuant to Art. 56 et seq. of the Swiss Criminal Code, specifically against inpatient therapeutic measures within the meaning of Art. 59 of the Swiss Criminal Code. This corresponds to the legislator's intent and is also objectively justified, as both remand detention and inpatient therapeutic measures serve the purpose of risk prevention and protection of the public.
In the present case, the remand or security detention ordered against X. served to prevent further serious offenses of bodily injury and thus to protect the…