Scope of the Appellate Court's Power of Review in Criminal Matters

Facts

In this case, the Federal Tribunal was seized of a criminal appeal against a judgment of the Criminal Appeal Court of the Vaud Cantonal Tribunal. The appellant, X., had been found guilty of attempted sexual coercion and sentenced to a fixed monetary penalty of 180 daily penalty units by the appellate court.

X. filed a criminal appeal before the Federal Tribunal, primarily seeking acquittal and, subsidiarily, the suspension of the execution of the monetary penalty.

Considerations

The Federal Tribunal examined the scope of the appellate court's power of review under Articles 399(4)(b) and 404(1) of the Swiss Criminal Procedure Code (CPC).

According to the prevailing doctrine, the appellant cannot restrict their appeal to the sole question of the measure of the penalty or the sole question of the suspended sentence, given the close link between these two elements. Thus, if the appellant limits their appeal to the suspended sentence, the appellate court may extend its power of review to the entire penalty.

The Federal Tribunal followed this…