Facts

The decision concerns a case in which a woman, Frau X., was convicted of drunk driving and received a sentence of 14 days in prison with probation, as well as a fine of 2'000 Swiss francs. The woman appealed the decision, but then withdrew her appeal. The public prosecutor also appealed, requesting an increase in the fine. The cantonal court increased the fine to 4'000 Swiss francs. The woman then filed a nullity appeal with the Federal Court.

The key facts of the case are as follows

  • The woman was convicted of drunk driving.
  • She received a sentence of 14 days in prison with probation and a fine of 2'000 Swiss francs.
  • The public prosecutor requested an increase in the fine.
  • The cantonal court increased the fine to 4'000 Swiss francs.
  • The woman filed a nullity appeal with the Federal Court.

Considerations

The Federal Court examined the decision of the cantonal court and found that the fixing of the fine had to be based on the principles set out in articles 63 and 48 of the Swiss Criminal Code (SCC). Article 63 SCC provides that the judge must fix the sentence based on the guilt of the perpetrator, taking into account their motives, previous behavior, and personal circumstances. Article 48 SCC provides that the judge must fix the sentence based on the perpetrator's resources, assets, marital status, and family obligations.

The Federal Court also examined the rules for fixing fines in cases of drunk driving and found that the cantonal rules had to be applied in a way that ensured a fair fixing of the fine. The Federal Court also emphasized that the fixing of the fine had to be based on the perpetrator's actual resources and not on estimates or…