Facts
D. was taken into remand detention in Zurich on 19 July 1988. On 9 June 1989, he managed to escape. On 8 February 1990, he was re-arrested in France and held there in extradition detention until 30 July 1990. On 4 February 1991, the High Court of the Canton of Zurich sentenced him to five years and six months of penitentiary for aggravated robbery, aggravated and professional theft, and other offenses. It credited both the remand and extradition detention, a total of 686 days, against this sentence.
The Public Prosecutor's Office of the Canton of Zurich filed a federal nullity appeal against this judgment. It requested that the judgment be set aside and the case be remanded to the lower court for a new decision, as the lower court had wrongly credited the extradition detention served in France against the sentence.
Considerations
The Federal Supreme Court states that according to Art. 69 of the Swiss Criminal Code, the judge must credit the remand detention against the custodial sentence, insofar as the offender did not cause or prolong the remand detention through his conduct after the offense.
The Federal Supreme Court is changing its previous case law, according to which crediting was already to be refused if the offender's conduct after the offense had been causal for…