Facts

Parties: Appellant X. against the Public Prosecutor's Office of the Canton of Aargau

Court: Criminal Law Division of the Federal Supreme Court

Date: September 27, 2011

Facts:

  • The appellant X. was convicted of various offenses under the Road Traffic Act (RTA). The president of the District Court of Lenzburg revoked the conditional suspension of a fine and sentenced X. to a total term of imprisonment of ten months, as well as a fine and a penalty. He also ordered the seizure of two tractors.
  • The Higher Court of the Canton of Aargau partially confirmed the penalty and acquitted X. of one charge.
  • X. filed a criminal appeal, requesting the annulment of the Higher Court's judgment and seeking a suspended term of imprisonment, as well as the waiver of the revocation of the conditional suspension of the fine and the seizure of the tractors.

Considerations

Conversion of the previous conviction:

The Federal Supreme Court examined whether the conversion of the previous conviction into a term of imprisonment is in compliance with federal law. It found that the conversion of a legally binding previous conviction into a more severe sanction does not correspond to the historical intent of the legislature and contradicts the ratio legis of the provision. The lower court therefore violated federal law by changing the previous fine into a term of imprisonment to sentence the appellant to a total term of imprisonment.

Seizure of the tractors:

The Federal Supreme Court examined the seizure of the tractors and found that the lower court based its risk assessment not only on the appellant's lack of remorse but also on his relevant previous convictions and…