Facts
On October 31, 2017, the District Court of Pfäffikon sentenced the appellant A. to 30 months' imprisonment and ordered outpatient treatment. On January 29, 2020, the extraordinary District Court Magistrate of Solothurn-Lebern (single judge) found A. guilty of further offenses and sentenced him to 16 months' imprisonment as a partial additional sentence. The single judge also revoked the outpatient treatment ordered by the District Court, with the result that the 30-month imprisonment sentence of the District Court became enforceable. In total, the single judge was responsible for a deprivation of liberty of 46 months.
A. appealed against the decision of the single judge, arguing that the judge had exceeded his sentencing competence.
Considerations
The Federal Supreme Court states that the limit of 2 years' deprivation of liberty, up to which the sentencing competence of the single court can be provided, must be strictly observed. It may not be exceeded under any circumstances. The decisive factor is the total deprivation of liberty that the appellant has to endure as a result of the judgment of the single judge. This follows from the express provision in Art. 19 para. 2 lit. b CCP, according to which revoked suspended sanctions must also be taken into account.
Since the…