Facts
F., born in 1952, was convicted a total of five times for violations of the Narcotics Act. After partially serving two prison sentences, he was granted conditional release on August 15, 1974. However, on January 28, 1975, he was again sentenced by the District Court of Zurich to six months' imprisonment for repeated and continued drug abuse, and finally on April 4, 1977, to two years' penitentiary.
His request for conditional release from the criminal execution was rejected on June 29, 1978 by the Directorate of Justice and on August 9, 1978 by the Government Council of the Canton of Zurich. F. filed an administrative court appeal, requesting the granting of free legal assistance and the approval of the request for conditional release.
Considerations
The Federal Court states that in the case of convictions to penitentiary or imprisonment, conditional release is possible if the convicted person has served two-thirds of the sentence and his behavior in the criminal execution does not speak against it and it is to be assumed that he will prove himself in freedom.
The prognosis requires an overall assessment, in which the entire previous life, the offender's personality, the criminal and other behavior, as well as the expected living conditions are to be examined. The Federal Court can only review the cantonal decision for violation of federal law, exceeding or abuse of discretion.
The Federal Court sees no violation of…