Facts
In 1996, the High Court of the Canton of Zurich convicted X. of various offenses and sentenced him to a prison term of 3 1/2 years, ordering an outpatient treatment measure under Art. 43 para. 1 of the Swiss Criminal Code (StGB). On February 11, 1997, the Office for the Execution of Criminal Sanctions and Measures ordered the execution of the outpatient measure. On April 18, 2001, the Probation Service of Zurich Oberland terminated the outpatient measure and requested the High Court to order the execution of the suspended sentences. By decision of March 1, 2002, the High Court ordered the execution of the suspended sentences. X. then filed a nullity appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the nullity appeal, insofar as it entered into the matter. It stated that the lower court had rightly relied on the existing expert opinions from 1991 and 1993, as the circumstances had not changed significantly since their preparation. The lower court had carefully considered the more recent development of the appellant and concluded that a new outpatient measure was inappropriate due to the appellant's lack of willingness to cooperate and persevere. Under these circumstances, the order to execute the custodial sentence did not violate federal law.
The Federal Supreme Court further stated that there is generally no obligation to obtain a new expert opinion when modifying or terminating measures, as long as the…