Dismissal of the appeal against the order of an ambulatory measure and rejection of detention

Facts

The proceedings concern the appeal by the Public Prosecutor's Office of the Canton of Zurich against the judgment of the High Court of the Canton of Zurich, II. Criminal Chamber, of 4 March 2016. The respondent, [X.] , had been sentenced to a prison term of 14 years for attempted intentional homicide and an offence against the Weapons Act. The High Court ordered an ambulatory measure within the meaning of Art. 63 SCC and refrained from ordering detention.

The Public Prosecutor's Office requested with its appeal that the judgment be set aside and the criminal case be referred back for the ordering of detention within the meaning of Art. 64 para. 1 lit. b SCC, waiving the ordering of an ambulatory measure.

Considerations

The appellant complained of a violation of Art. 59, 63 and 64 para. 1 lit. b SCC. It argued that the conditions for detention were met and that such detention could only be waived if a measure under Art. 59 SCC promised to be successful.

The Federal Court found that the lower court had not arbitrarily ordered an ambulatory measure within the meaning of Art. 63 SCC, waiving detention. It established that the respondent was fundamentally capable of treatment, but currently lacked the willingness to undergo therapy for a stationary measure.

The court decided that the lower court was justified in ordering a custodial ambulatory measure instead of a stationary one under the specific circumstances. It pointed out that the conversion of the ambulatory…