Determination of the daily fine based on the personal and economic situation of the offender

Facts

In this case, the Federal Tribunal partially upheld the appeal of a farmer (the appellant) against a judgment convicting him of various environmental offenses.

The appellant was found guilty of negligent offenses under the Federal Act on the Protection of Waters (LEaux) and the Federal Act on the Protection of the Environment (LPE), in particular for allowing slurry to flow into a river and for illegally incinerating waste on his property. The cantonal court held him criminally liable as the head of the business, under Article 6(2) of the Federal Act on Administrative Criminal Law (DPA).

The appellant contested, in particular, the value used for the calculation of the daily fine, set at 1,000 francs by the previous court.

Considerations

The Federal Tribunal confirmed that the amount of the daily fine must be determined according to the personal and economic situation of the offender, taking into account his income, assets, lifestyle, maintenance obligations and the minimum subsistence level, in accordance with Article 34(2) of the Swiss Criminal Code (CP).

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