Facts
The case concerns a conviction of X. for violations of the Narcotics Act. The District Court of Zurich sentenced X. to a partially suspended prison sentence of 18 months, with the execution of 9 months suspended. Both the Public Prosecutor's Office and X. appealed. The High Court of the Canton of Zurich upheld the partially suspended sentence of 18 months with a probationary period of 5 years for the non-executed part of 9 months.
The Office of the Attorney General of the Canton of Zurich filed a criminal complaint and requested that the sentence be fully executed. Alternatively, the case should be remanded to the lower court for a new assessment.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that the lower court had proceeded correctly and had observed the legal requirements regarding the relationship between a suspended, partially suspended, and unsuspended sentence.
The Federal Supreme Court clarified that a partially suspended sentence is also possible under the conditions of Art. 42 para. 2 of the Swiss Criminal Code. Repeat offenses ("recidivism") do not constitute an objective ground for exclusion of a suspended sentence, and therefore a partially suspended sentence must also be considered.
Furthermore,…