Dismissal of the appeal against the conviction for multiple attempted murder

Facts

The opposing party [X.] shot multiple times from his room at the windows of an opposite property on 3 September 2005, injuring two people. The High Court of the Canton of Zurich convicted him of multiple attempted murder, criminal damage, violation of the Weapons Act and other offences, and sentenced him to 12 years' imprisonment. The Office of the Attorney General of the Canton of Zurich appealed against this judgment, in particular requesting the imposition of a custodial measure or an outpatient measure.

Considerations

The Federal Court dismissed the appeal. It stated that the prohibition on retroactivity under Art. 7 ECHR and Art. 15 ICCPR also applies to the imposition of a custodial measure. However, the new law does not prove to be more severe than the old law, so that the retroactive application of the new law on measures is permissible. The lower court was right to refrain from imposing a…