Facts
The appellant X. was found guilty by the District Court of Zurich on 12 December 2017 of a qualified violation of the Narcotics Act, a violation of the Narcotics Act, and multiple misdemeanors under the Narcotics Act. He was sentenced to 16 months' imprisonment and a fine of CHF 500. Furthermore, the court revoked a previously suspended sentence of 24 months' imprisonment. The Cantonal Court of Zurich essentially upheld the judgment, but reduced the duration of the expulsion from the country to 8 years. The Federal Supreme Court had to address the issue of sentencing.Considerations
The Federal Supreme Court states that the regulation on non-probation under Art. 46(1) SCC was amended as part of the revision of the law on sanctions. The new version provides that the court must form an aggregate sentence if it revokes a suspended sentence and imposes a new sentence, provided that the revoked and the new sentence are of the same type. This represents a departure from the previous case law, according to which an aggregate sentence was only possible if the previous conviction was converted into a different type of sentence.
The Federal Supreme Court considers the new regulation to be an expression of the legislator's will to allow the formation…