Decision on the Jurisdiction for the Execution of a Measure under Art. 61 SCC for a Transitional Offender

Facts

The Juvenile Court of Dietikon convicted [X.] for numerous offences, which he had committed partly as a juvenile and partly as a young adult. It ordered a measure under Art. 61 SCC. The Office for Correctional Services of the Canton of Zurich then issued an execution order. [X.] filed a complaint against this order, as he was of the opinion that the Juvenile Prosecution Service should be responsible for the execution of the measure.

Considerations

The Federal Supreme Court dismissed the complaint. It stated that for the execution of measures under Art. 61 SCC ordered against transitional offenders, the Office for Correctional Services and not the Juvenile Prosecution Service is responsible. Although the jurisdiction for the execution in mixed cases, where offences were committed both as a juvenile and as an adult, is disputed. However, considering the purpose of juvenile criminal law, the Juvenile Prosecution Service is responsible for the execution of protective measures under Art. 12-15 JCrimPC. If these measures are executed in an institution for young adults under Art. 16 para. 3 JCrimPC (in conjunction with Art. 61 SCC), the jurisdiction also lies with the Juvenile Prosecution Service. However, if a measure is ordered directly based on Art. 61 paras. 1 and 2 SCC, it is a measure for (young) adults, and there is a shift to…