Annulment of the judgment of the single judge and remission of the case to the district court

Facts

The case concerns a complainant named A., who was convicted by the single judge of the District Court of Solothurn-Lebern for multiple instances of driving a motor vehicle in a severely impaired condition, attempted obstruction of measures to determine driving incapacity, multiple instances of driving a motor vehicle without a driver's license, driving a motor vehicle without liability insurance, multiple instances of theft of a motor vehicle for use, and failure to carry the vehicle registration. The single judge sentenced him to 16 months' imprisonment. Additionally, the single judge imposed a fine and a penalty. Furthermore, he revoked the outpatient treatment ordered by the District Court of Pfäffikon. As a result, a previous conviction of 30 months' imprisonment became enforceable, so that the complainant had to endure a total deprivation of liberty of 46 months.

Considerations

The Federal Court states that the limit of 2 years' deprivation of liberty, up to which the judgment competence of the single court can be provided, must be strictly observed. It may not be exceeded under any circumstances. The total deprivation of liberty that the complainant has to endure as a result of the judgment of the single judge must be taken into account, including the revocation…