Facts
In 2013, the District Court of Zurich convicted the appellant on various offenses and ordered an outpatient measure accompanying the execution of the sentence. In June 2016, the Office of Corrections of the Canton of Zurich lifted the outpatient measure and requested the District Court to subsequently order an inpatient measure pursuant to Art. 59 of the Swiss Criminal Code (SCC). Thereupon, the District Court initiated an independent judicial subsequent proceeding.
On August 1, 2016, the Office of Corrections placed the appellant in preventive detention and requested the Court of Compulsory Measures to order criminal procedural preventive detention for the duration of the subsequent proceeding. The Court of Compulsory Measures ordered the preventive detention, and the High Court confirmed this order with a time limit until December 6, 2016.
Considerations
The Federal Supreme Court considers the continuation of the preventive detention to be in compliance with federal law. The imposition and continuation of the detention is based on the provisions of the Swiss Criminal Procedure Code (CPC) on the independent judicial subsequent proceeding (Art. 363 et seq. CPC) and the analogously applicable detention regulations (Art. 221 and 229 et seq. CPC).
The Federal Supreme Court sees the substantive detention…