Facts
The Federal Supreme Court decided in this case that for partially suspended custodial sentences, the probation period is extended by the duration of the execution of the unconditionally enforceable part of the sentence. Accordingly, the deadline for ordering a revocation under Art. 46 para. 5 of the Swiss Criminal Code (StGB) starts to run later.
The appellant X. was sentenced by the District Court of Zofingen to a custodial sentence of 18 months for various offenses. Furthermore, the court revoked the 26-month custodial sentence that had been granted with a suspended sentence by the judgment of the District Court VIII Bern-Laupen of April 1, 2009.
X. appealed against the judgment of the High Court of the Canton of Aargau, which had confirmed the first-instance judgment. He argued that the revocation of the suspended sentence was no longer permissible, as the three-year revocation period under Art. 46 para. 5 StGB had already expired.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that for partially suspended custodial sentences, the probation period is extended by the duration of the execution of the unconditionally enforceable part of the sentence. Thus, the deadline for ordering a revocation under Art. 46 para. 5 StGB starts to run later.
The Federal Supreme Court justified this view by stating that the…