Facts
The Public Prosecutor's Office Zurich-Sihl is conducting a criminal investigation against X. for qualified drug offenses, multiple thefts, and other alleged crimes. X. was arrested on January 23, 2007 and placed in pre-trial detention. After his release on March 23, 2007, he was re-arrested on June 18, 2007. Since September 2, 2008, he has been serving his sentence in early execution of the penalty.
X. filed a complaint against the rejection of his request for release from custody by the custody judge of the District Court of Zurich. He requested the revocation of the contested order and his immediate release from custody.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that under Zurich criminal procedure law, the continuation of early execution of the penalty is only permissible if the accused is strongly suspected of a felony or misdemeanor and there are concrete indications of a special ground for detention.
The Federal Supreme Court examined whether the requirements for the ground of detention due to the risk of recidivism were met. It took into account that, according to Art. 369 para. 7 of the Swiss Criminal Code, previous convictions removed from the criminal record are generally not to be considered in the examination of the ground for detention. However, the custody judge was…