Facts
The present case concerns the question of whether the cantonal judge is obliged to assess all simultaneously prosecuted actions of an accused in one and the same proceeding. The appellant argued that under Art. 68 para. 1 of the Swiss Criminal Code (StGB), the judge is required to impose a cumulative sentence as soon as multiple actions of an accused are to be assessed.
However, the Federal Supreme Court dismissed the appeal. It clarified that Art. 68 para. 1 StGB is not a procedural provision, but merely regulates how the sentence is to be determined if someone is convicted in one and the same judgment for multiple actions or for violating multiple criminal provisions. The cantonal procedural law determines whether multiple criminal proceedings are to be conducted separately or joined.
The Federal Supreme Court has repeatedly stated in previous decisions that Art. 68 para. 1 StGB does not affect the cantonal procedural law. It would be incompatible with the purposes of an orderly administration of criminal justice if the judge were required to suspend the assessment of a previous action until the conclusion of a new investigation, regardless of the nature of the new…