Facts
The appellant [A.] was found guilty by the District Court of Zurich of theft and a violation of the NarcA. The court below revoked the conditional execution of a fine of 90 daily penalty units at CHF 50.- and sentenced [A.] to a fine of 130 daily penalty units at CHF 30.- as a total sentence. [A.] lodged a criminal appeal and requested that the dispositional items 2, 3, 8, and 9 of the judgment of the High Court of the Canton of Zurich of 28 April 2020 be annulled.
The appellant complained of a violation of Art. 46 SCC and argued that the court below had wrongly revoked the conditional fine imposed on him by the order of the Public Prosecutor's Office of Zurich-Sihl of 11 December 2017. He requested that the revocation of the conditional execution of the fine of 90 daily penalty units at CHF 50.- imposed by the order of the Public Prosecutor's Office of Zurich-Sihl of 11 December 2017 be waived.
The appellant also complained of a violation of Art. 47 ff. SCC in connection with the sentencing for the committed theft and objected to both the number of daily penalty units and the amount of the daily penalty units.
Considerations
The Federal Court examined the appellant's complaint that the court below had wrongly revoked the conditional fine imposed on him by the order of the Public Prosecutor's Office of Zurich-Sihl of 11 December 2017. The Court found that the court below had assessed the offender's prospects of rehabilitation on the basis of an overall evaluation of all relevant circumstances and that the revocation of the conditional sentence is only to be revoked if a negative assessment of the prospects of rehabilitation is to be assumed.
The Federal Court concluded that the court below had rightly ordered the revocation of the conditional sentence, as the offender's prospects of rehabilitation were unfavorable. The Court also found that the…