Facts
The High Court of the Canton of Zurich convicted [B.] of murder and repeated and continued violations of the Narcotics Act, sentencing him to ten years of penitentiary. However, it rejected the commitment to a work therapy institution, as the duration of the measure would be in stark disproportion to the duration of the sentence.
[B.] filed a nullity appeal against this decision. The Federal Supreme Court quashed the judgment and remanded the case for a new assessment.
Considerations
The Federal Supreme Court stated that the severity of the underlying offense does not per se preclude commitment to a work therapy institution. The measure primarily aims at the improvement and resocialization of the young offender, regardless of the severity of the offense.
While the severity of the offense may be considered in assessing the prospects of success of the measure, the decisive factor is whether the offender appears accessible to the social-therapeutic and socio-pedagogical interventions in the work therapy. The longer the otherwise…