Clarification of the Concept of Similarity of Penalties and Execution in Cumulatively Imposed Sentences

Facts

The Cantonal Court of Valais sentenced X. to a custodial sentence of six months as an additional sentence to an existing overall custodial sentence of two years, due to multiple qualified violations of the Narcotics Act, multiple thefts, multiple trespassing, multiple attempted coercion, and driving under the influence. Additionally, it imposed a conditionally executable monetary penalty and a fine.

The Public Prosecutor's Office of the Canton of Valais appealed against the sentence and the allocation of costs. The Federal Supreme Court dismissed the appeal.

Considerations

The Federal Supreme Court clarified that an increase in the additional sentence in the case of (partial) retrospective concurrence under Art. 49 para. 2 of the Swiss Criminal Code (StGB) is to be carried out in application of Art. 49 para. 1 StGB. However, the formation of an overall sentence is only possible in the case of similar penalties, while dissimilar penalties are to be imposed cumulatively.

Several similar penalties exist if the court imposes similar penalties for each individual violation of the norm in the specific case…