Facts
The High Court of the Canton of Schaffhausen sentenced X. on July 13, 2007 to a custodial sentence of 3 years and a fine of 20,000 Swiss francs for multiple qualified violations of the Narcotics Act, money laundering, forgery of documents, false accusation, and driving under the influence of alcohol. It also revoked the suspended sentence of 45 days' imprisonment imposed by a penal order of August 14, 2001.
X. appeals against the judgment, in particular against the sentence, the refusal of the (partially) suspended sentence, and the amount of the state's claim for reimbursement.
Considerations
The Federal Supreme Court dismisses the appeal with regard to the formation of a cumulative sentence under Art. 46 para. 1 sentence 2 of the Swiss Criminal Code in conjunction with Art. 49 of the Swiss Criminal Code. This provision is optional and only applies if the previous suspended sentence and the new sentence are not of the same nature. Since in the present case both sentences are of the same nature, the lower court was not obliged to form a cumulative sentence.
The Federal Supreme Court considers the regulation of Art. 46 para. 1 sentence 2 of the Swiss Criminal Code to be problematic, as it allows the nature of the previous sentence to be changed, which can be constitutionally questionable.…