Facts
This case involved a woman named [Y.] , who drove a vehicle on December 27, 2007 with a blood alcohol content of at least 2.43 per mille. She was subsequently punished by the District Office of Höfe with a conditional fine of 80 daily rates at 100 francs each, as well as a fine of 1,700 francs. [Y.] filed an objection to this penal order, whereupon the single judge of the District of Höfe sentenced her to a conditional fine of 80 daily rates at 100 francs each with a probationary period of three years. The Public Prosecutor's Office of the Canton of Schwyz appealed against this judgment, as it was of the opinion that in addition to the conditional fine, a fine should also have been imposed. However, the Cantonal Court of Schwyz dismissed the appeal, whereupon the Public Prosecutor's Office filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that according to Art. 42 para. 4 of the Swiss Criminal Code, a conditional sentence may be combined with an unconditional fine or a fine, but this is not mandatory. The court has discretion in this matter. In the present case, the lower court had taken into account that [Y.] had lost her job, had to bear the costs of the proceedings, and had voluntarily begun a therapy. Considering these circumstances, it was within the discretion of the lower court to refrain from imposing an additional fine.
The Federal Supreme Court therefore saw no…