Facts
The case concerns the question of whether the public prosecutor's office can impose an additional supplementary fine under Art. 42 para. 4 of the Swiss Criminal Code (StGB) in a summary penalty order, in addition to a suspended fine of 180 daily rates.
The accused A. was involved in a fatal traffic accident on November 22, 2016. The public prosecutor's office then issued a summary penalty order, in which it convicted A. of negligent homicide and serious violation of traffic regulations to a suspended fine of 180 daily rates and a supplementary fine of CHF 4,050.
A. filed an objection to the summary penalty order. The Cantonal Court of Schwyz overturned the summary penalty order, as it was of the opinion that the public prosecutor's office had exceeded the legally prescribed maximum sentence. The Office of the Attorney General then filed an appeal in criminal matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court overturns the decision of the Cantonal Court and remands the case to the lower court for continuation of the appeal proceedings.
The court states that under Art. 352 para. 3 of the Swiss Criminal Procedure Code (StPO), the public prosecutor's office can combine penalties under para. 1 let. b-d (including a suspended fine of 180 daily rates) with a fine in a summary penalty order, without the total sentence exceeding the limit of 6 months' imprisonment. The wording of the provision also covers the supplementary fine…