Facts
The Office of the Attorney General of the Canton of Zurich filed an appeal against the decision of the High Court of the Canton of Zurich, II. Civil Chamber, dated 11 August 2008, which rejected the opening of a criminal investigation against District Judge [X.] . In November 2002, [Z.] attempted to kill a police officer while in a state of complete incapacity. He was then placed under an inpatient measure. In May 2005, he was conditionally released, but the release was revoked a year later. On 23 August 2007, Senior Judge [A.] ordered preventive detention against [Z.] , which, however, was not executed. On 1 September 2007, [Z.] was forcibly admitted to the Psychiatric Clinic [M.] by the Uster City Police. On 3 September 2007, [Z.] filed a request for release. District Judge [X.] scheduled the main hearing for 7 September 2007 and ordered a psychiatric expert opinion. Based on this, he released [Z.] from involuntary commitment on the same day. On 16 September 2007, [Z.] stabbed a taxi driver to death in [P.] .Considerations
The Federal Supreme Court considers the decision of District Judge [X.] to release [Z.] from involuntary commitment to be reasonable. Involuntary commitment serves to protect and care for persons who, due to their poor mental or emotional state, are unable to care for themselves. It is not intended to protect the population from dangerous mentally ill persons. Therefore, District…