Facts
On May 12, 2005, the District Court of Hinwil sentenced X. to an unconditional prison sentence of 18 months for multiple thefts and sexual acts with children. X. served this sentence together with various other custodial sentences totaling 46 months and 16 days at the Saxerreit Penitentiary. On August 16, 2007, the Zurich Canton Correctional Services Office conditionally released him from custody on September 12, 2007, with a probationary period of 645 days until June 18, 2009.
On the day of the conditional release, X. was temporarily taken into pre-trial detention on suspicion of sexual acts with a child. On September 11, 2008, the Regional Court of Obertoggenburg-Neutoggenburg convicted him of multiple sexual acts with a child and desecration, and sentenced him to a custodial sentence of three and a half years, partially as an additional sentence. The Federal Supreme Court dismissed the appeal against this on April 14, 2011.
On September 11, 2013, the Zurich Canton Correctional Services Office revoked the conditional release of August 16, 2007, and ordered the execution of the remaining sentence of 645 days. X. appealed against this.
Considerations
The Federal Supreme Court decided that the revocation of the conditional release was unlawful under federal law. According to Art. 89 para. 1 SCC, a new offense can only lead to the revocation of the conditional release if it was committed during the probationary period. However, the offenses of the appellant were committed during the execution of the sentence and not during the probationary period.
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