Facts
The appellant [X.] was sentenced by the Court of Appeal of the Canton of Basel-Stadt on May 7, 2008, to a custodial sentence of 3 ½ years for commercial fraud. Prior to the determination of the commencement of the sentence, [X.] submitted a medical report on September 24, 2009, and requested that the execution of the sentence be suspended. The Court of Appeal of the Canton of Basel-Stadt decided on January 4, 2010, that the execution of the custodial sentence would not be suspended.
[X.] then filed a criminal law appeal with the Federal Supreme Court. The Federal Supreme Court set aside the judgment of the Court of Appeal and remanded the case for a new assessment. In the new assessment, the Court of Appeal of the Canton of Basel-Stadt decided again on May 10, 2010, that the execution of the custodial sentence would not be suspended.
[X.] again filed a criminal law appeal against this judgment with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that a postponement of the execution of the sentence for an indefinite period would only be considered if it were highly probable that the execution of the sentence would endanger the life or health of the convicted person. However, the IRM expert opinion did not provide any indications of a deterioration of health or a threat to life upon execution of the custodial sentence.
While a life-threatening infection could also occur during the execution of the sentence, this could also happen outside the execution of the sentence. In the execution of the sentence, there is no increased or decreased risk, as it can be ensured that the appellant can be transferred to a university hospital within a very short time if necessary.
The public interest in the execution of legally binding sentences and the principle of equality significantly limit the discretion of the enforcement authorities. Even if it were to be…