Facts
The Public Prosecutor's Office of Winterthur/Unterland conducted criminal proceedings against X. for multiple, partly minor thefts, receiving stolen goods, multiple trespassing, multiple criminal damage, obstruction of an official act, driving a motor vehicle without authorization, and failure to wear a protective helmet. In the course of these proceedings, X. spent a total of 292 days in remand detention.
The District Court of Winterthur acquitted X. of the charge of receiving stolen goods and found that he had committed the other offenses he was accused of while in a state of non-self-inflicted insanity. It refrained from imposing a sentence and ordered an outpatient measure within the meaning of Art. 63 para. 1 of the Swiss Criminal Code (treatment of mental disorders and addiction treatment) combined with probation. It also awarded X. compensation for the detention he had served.
The Office of the Attorney General of the Canton of Zurich filed an appeal in criminal matters and requested that the judgment be set aside and the case be remanded to the lower court for a new assessment or, alternatively, that the outpatient measure be credited.
Considerations
The Federal Supreme Court examined whether the case law on the crediting of detention on liberty-depriving measures applies not only to inpatient but also to outpatient measures under Art. 63 of the Swiss Criminal Code.
The Federal Supreme Court concluded that remand or preventive detention served during the criminal proceedings that led to the measure decision is to be credited against an outpatient…