Facts
The case concerns a convicted person who requested to serve their sentence in semi-detention. The canton of Zurich refused this request because the convicted person had served a sentence of imprisonment in the preceding five years. The convicted person contested this decision before the Federal Court, arguing that the cantons do not have the right to refuse semi-detention to those who have served a sentence of imprisonment or detention in the preceding five years.
The parties involved are the convicted person (the applicant) and the Directorate of Justice of the canton of Zurich (the defendant). The procedure began on 15 August 1980.
Considerations
The Federal Court examined the applicable legal provisions, in particular articles 37bis, 39 and 397bis of the Swiss Criminal Code (SCC) as well as article 4 of the Ordinance on the Swiss Criminal Code (CARO 1). It found that the cantons have the possibility of refusing semi-detention to convicted persons who have served a sentence of imprisonment or detention in the preceding five years.
The Federal Court considered that semi-detention is a form of detention aimed at avoiding the disadvantages of short prison sentences, such as job loss. However, the cantons are not required to introduce this form of detention and may refuse it to certain categories of convicted persons, in particular those who have served a sentence of imprisonment or detention in the preceding five years.
The Federal Court also considered that the refusal of…