Facts
On March 27, 2015, the District Court of Uster convicted X. of commercial fraud, multiple, partially attempted misappropriation, obtaining a false certification, driving while incapable, and driving despite license revocation, and sentenced him to a custodial sentence of 36 months (of which 30 months were suspended) and a fine of 130 daily rates at 30 Swiss francs each.
X. appealed against this judgment. On March 9, 2017, the High Court of the Canton of Zurich upheld the convictions but increased the fine to 130 daily rates at 80 Swiss francs each.
X. filed a criminal complaint against the judgment of the High Court. He requested that the judgment be set aside and the matter be remanded to the High Court for a new decision.
Considerations
The Federal Court states that according to the Code of Criminal Procedure (CCP), the appellate court may order a more severe punishment based on facts that were not known to the court of first instance, even if the appeal was filed only in favor of the accused person (Art. 391 para. 2 sentence 2 CCP).
In the present case, the High Court found that the financial situation of the appellant had improved since the judgment of the court of first instance.…