Facts
[A.] was convicted by the District Court of Zurich of fraud under Art. 146 para. 1 of the Swiss Criminal Code (StGB) to a conditional fine of 40 daily rates at CHF 30.- and a fine of CHF 300.-. [A.] appealed the judgment. The High Court of the Canton of Zurich upheld the conviction, the sentence of a conditional fine of 40 daily rates at CHF 30.-, and the first instance cost order. [A.] filed a criminal law appeal to the Federal Supreme Court and requested that he be exempted from punishment under Art. 53 StGB.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the public interest in criminal prosecution does not automatically cease to exist if the offender has fully compensated the damage and the requirements for a conditional sentence have been met. In addition to these requirements, there must also be a low public interest in criminal prosecution. The lower court had affirmed the public interest in criminal prosecution based on general preventive considerations, which was permissible within the scope of its discretion in the present case.
The Federal Supreme Court further stated that the different purposes of punishment must be weighed against each other and placed in a hierarchy. While the concern for special prevention generally takes precedence, this does not…