Facts
The appellant [X.] is accused of having committed commercial fencing in the period from October 2, 2014 to March 9, 2015, and of having sold cocaine in 2015 and 2016. The District Court of Zurich sentenced him to 32 months' imprisonment for this. On appeal by the appellant and the public prosecutor, the High Court of the Canton of Zurich upheld the conviction but increased the sentence to 39 months' imprisonment. [X.] has filed a criminal law appeal against this judgment.Considerations
The Federal Supreme Court considers the use of the evidence obtained during the house searches in the appellant's apartment to be lawful. The requirements for a house search under Art. 197 CCP were met, as there was sufficient suspicion of an offense and the search was proportionate. The formal requirements for the oral order and the subsequent written confirmation of the house searches were also met.
However, the Federal Supreme Court criticizes the reasoning of the sentence by the High Court. While the classification of the fencing as commercial is not objectionable, the High Court has not sufficiently justified the increase of the hypothetical base sentence for the fencing from 24 to 30 months. Furthermore, it has…