Facts
The District Court of Zurich convicted [X.] of a qualified violation of the Narcotics Act and sentenced him to a term of imprisonment of 24 months, partially suspended. The High Court of the Canton of Zurich classified the offense as a simple violation and imposed an unsuspended term of imprisonment of 6 months. The Office of the Attorney General of the Canton of Zurich appealed against this judgment.
The Federal Supreme Court had to examine whether the lower court had violated federal law in its sentencing and decision on the forfeiture of assets.
Considerations
Regarding the sentencing, the Federal Supreme Court states that the lower court considered the relevant factors under Art. 47 of the Swiss Criminal Code and, within its discretion, deemed a term of imprisonment of 10 to 11 months appropriate. This is not objectionable, even though a sentence of 12 months with partial suspension would also have been appropriate.
With regard to the forfeiture of cash and a mobile phone, the Federal Supreme Court finds that the lower court rightly justified their return on…