Facts

The appellant [X.] is a Swiss-German dual citizen. On 11 December 2001, he shot two rounds from a shotgun at his rival in Dietlikon and severely injured him. He then fled abroad. On 13 December 2001, [X.] was arrested in Germany. As a Swiss-German, he successfully prevented extradition to Switzerland. On 9 October 2002, the Hof Regional Court sentenced [X.] to a total prison sentence of 5 years and 3 months for dangerous bodily harm and coercion. At the same time, the court ordered inpatient drug therapy, with [X.] initially having to serve 2 1/2 years of the sentence. After serving the advance execution, [X.] was admitted to the Regensburg District Clinic for drug therapy on 7 June 2004. However, on 28 August 2004, he fled from the detoxification facility and travelled to Switzerland. After his arrest in Glattbrugg on 29 August 2004, he successfully resisted extradition to Germany. On 21 January 2005, the German Federal Ministry of Justice requested that Switzerland take over the enforcement of the remaining prison sentence of 922 days.

Considerations

The Federal Court concludes that [X.] 's appeal must be dismissed. Neither does an abuse of law in invoking provisions of the IMAC or SCC deserve legal protection, nor may the interpretation of the law in the individual case lead to results that are excessively shocking. The High Court rightly decided that the requirements for the enforcement of the remaining sentence in Switzerland through legal assistance are fulfilled. [X.] was legally sentenced to a total…