Facts
The appellant X. was convicted by the Jury Court of the Canton of Zurich on May 19, 1998, among other things, of multiple attempted murder, multiple aggravated bodily harm, multiple sexual acts with children, and multiple desecration, and sentenced to 17 years of penitentiary. The court also ordered detention within the meaning of Art. 43 para. 1 subpara. 2 of the former Swiss Criminal Code and suspended the execution of the custodial sentence for this purpose in application of Art. 43 para. 2 subpara. 1 of the former Swiss Criminal Code.
By order of July 26, 2006, the Office of Correctional Services of the Canton of Zurich rejected the probationary release of X. from the execution of the detention. The Administrative Court of the Canton of Zurich partially overturned this order on February 7, 2007 and referred the matter back to the Office of Correctional Services to examine the question of conditional release in accordance with the new General Part of the Swiss Criminal Code, which entered into force on January 1, 2007.
Subsequently, the Administrative Court of the Canton of Zurich rejected the conditional release of the appellant from detention in decisions dated May 30, 2007 and September 19, 2007.
Considerations
The Federal Supreme Court states that under the new General Part of the Swiss Criminal Code, the execution of the custodial sentence precedes the execution of the detention. Since the appellant has already served more than two-thirds of the custodial…