Facts
The FSCA was seized of an appeal in nullity against a judgment of the DFC of the canton of Zurich. The appellant had been convicted of fraud, usurpation of functions, violation of domicile and petty theft. The DFC had in particular ordered that the 15-month custodial sentence imposed be fully compensated by the 591 days of pre-trial detention that the appellant had already served. However, the DFC refused to impute the 141 days of excess detention on other sentences still being served against the appellant.
Considerations
The FSCA upheld the appeal. According to Art. 51 SCC, pre-trial detention, including that served in the context of another procedure, must be imputed on the sentence. The principle is that the deprivation of liberty already served must be compensated as much as possible, regardless of the identity of the procedure. Therefore, the 141 days…