Facts
On 6 March 2008, the District Court of Zurich sentenced [X.] to a total custodial sentence of 34 months and a fine of CHF 500.-- for, among other things, multiple counts of theft, multiple counts of property damage, and violation of the Narcotics Act. The execution of the custodial sentence was suspended in favour of inpatient addiction treatment. [X.] was admitted to the Frankental inpatient addiction treatment facility on 1 April 2008. On 26 March 2009, he was conditionally released from the inpatient addiction treatment and instructed to undergo outpatient addiction-specific aftercare. Since [X.] no longer followed the instructions, the Office of Corrections of the Canton of Zurich revoked the inpatient addiction treatment due to failure on 17 January 2013 and requested the District Court of Zurich to execute the suspended custodial sentences and order an outpatient measure accompanying the execution.Considerations
The Federal Supreme Court sets aside the decision of the Administrative Court of the Canton of Zurich and remands the case for a new assessment to the lower instance. The Federal Supreme Court considers the revocation of the inpatient measure due to failure to be disproportionate. While it is true that [X.] no longer followed the instructions towards the end of the probationary period, which is generally to be assessed as a failure to prove himself within the meaning of Art. 62a(6) SCC, the lower instance does not take into account that [X.] had previously behaved…