Rejection of the Suspension of Execution of Sentence and the Order of Electronic Monitoring for a Convicted Person with Health Problems

Facts

The High Court of the Canton of Bern sentenced [A.] to a custodial sentence of 18 months for various traffic offenses. [A.] then requested a suspension of the execution of the sentence or, alternatively, its execution by means of electronic monitoring, as he suffered from severe mental and cardiological illnesses. The lower instances rejected this. The Federal Supreme Court upheld the decision of the lower instances. It stated that the execution of a sentence can only be suspended in exceptional cases if there is a considerable probability that the execution of the sentence will endanger the life or health of the person concerned. Even a documented risk of suicide does not necessarily preclude the execution of the sentence, as long as the danger can be significantly reduced by appropriate measures during the execution. The cardiological illnesses claimed by the appellant also do not justify a suspension of the sentence, as according to the findings of the lower instance, the necessary medical care is guaranteed in the execution of the sentence. The appellant was unable to convincingly demonstrate that the commencement of the sentence would inevitably pose a considerable danger to his life or health and that this danger could not be addressed by appropriate measures.

Considerations

The Federal Supreme Court considers that the execution of sentences and the commencement of the sentence are governed by cantonal law. It only reviews the application of cantonal law for arbitrariness. According to the case law of the Federal Supreme Court, the enforcement authority can, upon request, postpone or interrupt the execution of a custodial sentence for important reasons, such as complete inability to serve the sentence. However, the public interest in the execution of legally binding sentences and the principle of equality significantly limit the discretion of the enforcement authority in this respect. A postponement of the sentence for an indefinite period is only required in exceptional cases if there is a considerable probability that the execution of…