Facts
The Public Prosecutor's Office of the Canton of Zurich requested the reversal of the judgment of the Higher Court of the Canton of Zurich and the remand of the case for the ordering of a stationary therapeutic measure. The defendant, [Y.] , had been sentenced to two years in prison for attempted serious bodily harm and a violation of the Weapons Act. The District Court of Zurich had ordered an ambulatory measure during the execution of the sentence, which was however revoked by the Probation and Execution Service of the Canton of Zurich's Justice Department.
The lower court confirmed the judgment in terms of guilt and penalty, but again ordered an ambulatory measure. The Public Prosecutor's Office of the Canton of Zurich requested the reversal of the judgment and the remand of the case for the ordering of a stationary therapeutic measure.
Considerations
The Federal Court has upheld the appeal and reversed the judgment of the Higher Court of the Canton of Zurich. The lower court had violated federal law by refraining from a stationary measure within the meaning of Art. 59 SCC and by ordering an ambulatory measure again in contravention of Art. 63b para. 5 SCC.
The Federal Court has found that the lower court denied the prerequisites for a subsequent stationary measure according to Art. 65 para. 1 SCC without fully considering the question of proportionality. The lower court did not take into account that the clear to very high risk of further violent crimes can be reduced by long-term stationary therapy.
The Federal Court has…