Partial suspension of the sentence and combination of sentences according to Art. 42 para. 4 SCC

Facts

In this case, the Cantonal Court of Basel-Landschaft sentenced the defendant to a custodial sentence of 18 months, with partial suspension, as well as a fixed fine of 180 daily penalty units. The Public Prosecutor's Office appealed against this judgment, requesting that the defendant be sentenced to a custodial sentence of 2 years, with partial suspension.

Considerations

The FSCA upheld the appeal. It considered that, for custodial sentences of one to two years, the full suspension provided for in Art. 42 para. 1 SCC is the rule, and that partial suspension is only an exception. In the present case, the conditions for a partial suspension were not met, as a full suspension combined with a fine (Art. 42 para. 4 SCC) was sufficient from the perspective of specific prevention. However, the cantonal court placed too much importance on the fixed fine, setting it at a quarter of the total sentence, which…