Facts
The case concerns an individual, X., who was found guilty of violence and threats against officials, violation of the Federal Act on the Stay and Establishment of Foreigners (LEtr) and violations of the Narcotics Act. He was sentenced to 40 days of imprisonment by the court of first instance, then to 60 days of imprisonment by the cantonal court of Bern.
X. filed an appeal with the SCC, requesting the annulment of the cantonal court's decision and his sentencing to a pecuniary penalty of 60 days at 30 francs, with a two-year probation. He also requested the granting of free judicial assistance.
Considerations
Introduction
The SCC examined X.'s appeal and considered that the pecuniary penalty and community service are less severe sanctions than custodial sentences. The new Swiss penal code provides that the pecuniary penalty is the primary sanction for minor and medium offenses.
Choice of type of sanction
The SCC considered that the cantonal court had violated federal law by not taking into account alternative sanction possibilities, such as the pecuniary penalty and community service. The pecuniary penalty is a sanction that can be imposed even if the convicted person is without resources, as its purpose is to restrict the convicted person's standard of living and not to deprive them of financial means.
Community service
The SCC also considered that the cantonal court had violated federal law by not taking into account the possibility of…