Facts
The appellant [A.] was sentenced by the High Court of the Canton of Zurich on March 9, 2017 to an unconditional custodial sentence of 4 ½ years. Furthermore, the High Court of the Canton of Aargau sentenced him on December 13, 2017 to a partially suspended custodial sentence of 3 years. [A.] then filed a request with the High Court of the Canton of Zurich for subsequent aggregation of sentences pursuant to Art. 34 para. 3 CrimPC.
The High Court of the Canton of Zurich dismissed A.'s request and imposed the procedural costs on him. [A.] then filed an appeal in criminal matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the appeal. It states that the subsequent aggregation of sentences pursuant to Art. 34 para. 3 CrimPC is a sui generis procedure, to which the provisions on "procedures for independent subsequent decisions of the court" pursuant to Art. 363 et seq. CrimPC apply mutatis mutandis.
Art. 34 para. 3 CrimPC does not regulate how the aggregate sentence is to be formed, but this results solely from the substantive legal norms such as Art. 46 para. 1 sentence 2, Art. 49, Art. 62a para. 2 and Art. 89 para. 6 CC.
The subject of the subsequent proceedings pursuant to Art. 34 para. 3 CrimPC is solely to make up for the omitted aggregation of sentences by aspiration of the final sentences. The court has neither to examine the legality of the previous convictions nor the appropriateness of the sentences imposed.
The Federal Supreme Court further states that the unconditional custodial sentence of 4 ½ years imposed by the High Court of the Canton of…