Facts
This decision concerns an administrative appeal procedure initiated by W. against the Department of Justice of the Canton of Zurich. The central issue is whether semi-detention can be granted when the total duration of several custodial sentences to be served simultaneously exceeds six months.
The cantonal authorities had considered that the total duration of the sentences (the revoked former sentence and the new sentence imposed) exceeded six months, which in their view excluded the granting of semi-detention. The appellant contested this interpretation, arguing that it was contrary to federal law.
Considerations
The Court considered that, according to Art. 37bis para. 1 SCC, the provisions on detention apply when a custodial sentence of up to three months is to be executed. Para. 2 of this article reserves the application of Art. 397bis para. 1 let. a SCC, which authorizes the Federal Council to issue supplementary provisions on the execution of multiple custodial sentences to be served simultaneously.
Thus, the Ordinance on the Execution of Sentences and Measures (CARO) provides in its Art. 2 para. 2 that when custodial sentences are cumulative, they must be executed jointly, but only if their total duration does not exceed six months (Art.…