Facts
In this case, the question was whether a conviction for misdemeanors must be entered in the automated criminal record (VOSTRA). The High Court of the Canton of Aargau had decided that the notification of the fine of CHF 7,500 to VOSTRA should be waived. The Public Prosecutor's Office of the Canton of Aargau then filed a complaint against this decision.
The defendant [Y.] was convicted by the Presidency of the District Court of Lenzburg for overtaking over a safety line and overtaking on the right by swinging out and re-entering. The High Court confirmed the guilty verdict and sentenced [Y.] to a fine of CHF 7,500, alternatively to three days' imprisonment. However, the High Court ordered that the notification of the fine to VOSTRA be waived.
Considerations
The Federal Supreme Court overturned the decision of the High Court and ruled that the fine of CHF 7,500 must be entered in VOSTRA. According to Art. 3 para. 1 lit. c of the VOSTRA Ordinance, all convictions for misdemeanors under the Criminal Code, the Military Criminal Code or other federal laws must be entered in VOSTRA if a fine of more than CHF 5,000 or community service of more than 180 hours is imposed.
The Federal Supreme Court clarified that the amount of the fine or the duration of the community service is decisive for the entry in VOSTRA. The lower court had incorrectly based its decision on the…