Application of the new measures law to offenders who committed crimes before its entry into force

Facts

The case concerns a complainant who on 3 September 2005 had shot multiple times at windows and the facade of a building, injuring two persons. The High Court of the Canton of Zurich convicted him of multiple attempted murders, criminal damage and other offences, and sentenced him to 12 years' imprisonment. The Office of the Attorney General of the Canton of Zurich appealed to the FSCA, requesting the imposition of a custodial measure or an outpatient measure.

Considerations

The FSCA examines whether the new measures law of the revised SCC, which entered into force on 1 January 2007, can be applied to the complainant, even though he committed the offence before that date. The FSCA concludes that the prohibition on retroactivity under Art. 7 ECHR and Art. 15 ICCPR also applies to the imposition of measures such as a custodial measure. The new law may therefore only be applied if it is not more severe for the offender than the old law. An examination reveals that the requirements for the imposition and revocation of the custodial measure in the new law are not more severe than in the old law. Therefore, there is nothing to prevent the application of the new law to the…