Facts
The case concerns an individual convicted of several offenses. The Federal Court was seized of an appeal against a decision of the Obergericht of the canton of Zurich. The individual in question had been convicted of a theft in a badeanstalt on July 17, 1975, after having already been convicted of another offense by the Bezirksgericht Zürich on March 7, 1975. The decision of the Bezirksgericht Zürich had become final on September 2, 1975, after the theft of the badeanstalt.
The parties involved are the appellant, the Obergericht of the canton of Zurich, and the Public Prosecutor's Office of the canton of Zurich. The key dates are March 7, 1975 (decision of the Bezirksgericht Zürich), July 17, 1975 (theft in the badeanstalt), September 2, 1975 (entry into force of the decision of the Bezirksgericht Zürich), November 14, 1975, and April 13, 1976 (decisions of the Obergericht).
The main issue is whether a complementary sentence should be pronounced in this case, given that the two offenses were committed at different times and the decisions were made separately.
Considerations
The Federal Court examined the question of whether a complementary sentence should be pronounced when several offenses are committed at different times and the decisions are made separately. According to Article 68 of the Swiss Criminal Code (SCC), sentences must be cumulated when several offenses are committed.
The Federal Court confirmed its case law according to which, before pronouncing a complementary sentence, it is necessary to wait for the initial decision to become final. However, if a case is ready to be judged, it can be decided immediately, but this will result in an independent sentence that will be cumulated with the complementary sentence in the context of the other procedure.
The Federal Court also emphasized that, when an offense is committed after the…