Facts
The Criminal Court of the Canton of Basel-City convicted X. on 22 October 2014 of qualified robbery and driving a motor vehicle despite revocation of the license to a custodial sentence of 22 months as an additional penalty to judgments of the Regional Court of Freiburg (D) for offenses against the German Narcotics Act (45 months) and the Tribunal Correctionnel de Mulhouse (F) for driving despite license revocation (2 months). X. appealed against this additional penalty.
Considerations
The Federal Supreme Court decided that an additional penalty pursuant to Art. 49 para. 2 of the Swiss Criminal Code (SCC) can only be imposed for domestic decisions. The previous case law, according to which an additional penalty could also be imposed for a foreign judgment, is being changed. Art. 49 SCC is a sentencing norm that only applies when the criminal offense to be judged is subject to Swiss jurisdiction. If a joint judicial assessment and thus a total sentence is not considered, since the offenses committed abroad do not fall within the scope of the SCC, this must also apply within the framework of retrospective competition.
Furthermore, the imposition of an additional penalty pursuant to Art. 49 para. 2 SCC requires that the previous offense was materially assessed by a domestic criminal authority. These requirements were not met in the present case, so that the cantonal…