Judgment on the Assessment and Enforcement of Fines

Facts

The appellant X. was convicted by the Criminal Court of Basel-City for multiple, partially attempted thefts, violation of the Foreigners Act, and violation of the Transport Act. The Court of Appeal upheld the first-instance judgment and imposed a five-month unconditional custodial sentence. X. appealed against this judgment in criminal matters.

Considerations

The Federal Court partially upholds the appeal. It states that for sentences of less than six months' imprisonment, a fine or community service must first be considered in accordance with Art. 41 SCC. An unconditional custodial sentence is only an option if the execution of a fine or community service is not to be expected. The court must provide a more detailed justification for this.

For the assessment of the fine under Art. 34 SCC, the offender's income, assets, living expenses, maintenance obligations, and subsistence minimum must be taken into account. For persons on the verge of the subsistence minimum, the daily rate must be significantly reduced in order to ensure a perceptible but reasonable sanction.

The court can impose the fine partially suspended and partially unsuspended in accordance with Art. 42(4) SCC or…