Facts
The appellant, a drug dealer, was convicted of his crime and sentenced to expulsion from the country. The lower court rejected his application for conditional release, as it made a negative probation prognosis. The appellant challenged this decision, arguing that the lower court had committed a violation of federal law, exceeded or abused its discretion in making the negative probation prognosis.
The parties to the proceedings are the appellant, the drug dealer, and the Government Council of the Canton of Zurich, which made the decision of the lower court. The proceedings were conducted before the Court of Cassation of the FJA.
The decision of the lower court was made on August 16, 1979. The appellant had previously been sentenced to 15 years or indefinite imprisonment and had been expelled from the country.
Considerations
The FJA examined whether the lower court had committed a violation of federal law, exceeded or abused its discretion in making the negative probation prognosis. The court found that the lower court had taken into account the decisive criteria for assessing the prospects of probation, namely the character, previous life, behavior in the institution, and probable future activities of the appellant.
The court found that the negative prognosis was justified, as the appellant, despite his intelligence and education, had built up a large drug trade in Europe and ruthlessly ruined the health of his fellow human beings. The lower court had also found that the appellant had only partially proven himself…