Facts
The appellant [A.] was sentenced to eight years' imprisonment for intentional homicide and multiple violations of the Weapons Act on 25 April 2013. The cantonal office for the execution of penalties and reintegration lifted the stationary measure due to futility and requested the examination of the appellant's detention. The coercive measures court of the Zurich district court ordered security detention, which was extended several times. The appellant filed a request for release from detention, which was rejected by the High Court of the Canton of Zurich.
The appellant appealed to the Federal Court and requested the annulment of the contested decision and his immediate release from detention. The cantonal public prosecutor's office and the lower court waived their right to comment.
Considerations
The Federal Court examined the prerequisites for a judgment on the merits and found that the appeal was admissible. The appellant disputes the existence of a sufficient ground for detention under criminal procedure law and claims that a negative prognosis of recidivism cannot be made.
The Federal Court stated that the ordering and continuation of security detention during the independent judicial post-proceeding under the law of measures are governed by Art. 364a and 364b CrimPC. The appellant had already been convicted of intentional homicide and multiple violations of the Weapons Act, and therefore the existence of a strong suspicion of a crime was no longer to be examined.
The Federal Court examined the ground for detention of the risk of recidivism and found that the lower court had explicitly examined and confirmed this ground. The lower court was entitled to rely on the psychiatric expert opinion, the nature and severity of the offenses for which the appellant had been convicted, the pronounced substance abuse problems identified in the appellant, and his uncooperative…