Facts
On 17 April 2015, the Public Prosecutor's Office IV of the Canton of Zurich brought charges against [X.] for intentional homicide, coercion, and robbery. On 26 November 2015, the District Court of Winterthur found [X.] guilty and ordered an inpatient therapeutic measure pursuant to Art. 59 of the Swiss Criminal Code (SCC). [X.] appealed and requested acquittal of the charge of intentional homicide and a prison sentence of five years without a measure.
On 16 June 2017, the High Court of the Canton of Zurich upheld the conviction for intentional homicide, increased the prison sentence to 13 years, and ordered the inpatient therapeutic measure again. [X.] then filed a criminal law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the psychiatric expert opinion meets the formal requirements and is free of substantive defects. The opinion was prepared by Prof. Dr. med. [B.] , the appointed expert, with the assistance of his employee Dr. med. [C.] . The preliminary work of Dr. med. [C.] , such as the summary of the case files and the biographical anamnesis, did not constitute an impermissible delegation, as Prof. Dr. med. [B.] personally elaborated the main aspects of the…