Crediting of Remand Detention against Fine

Facts

The High Court of the Canton of Zurich sentenced the appellant for intentional driving while incapacitated with a qualified blood alcohol concentration and loss of control of the vehicle to a conditional fine of 45 daily rates at CHF 160.-- and a fine of CHF 1'500.--. The one day of remand detention was credited against the fine at CHF 160.--. The Office of the Attorney General of the Canton of Zurich appealed against this judgment and requested that the remand detention be credited against the fine instead of the fine.

Considerations

The Federal Supreme Court states that the remand detention must be credited primarily against the main sentence, i.e. the fine, in accordance with Art. 51 of the Swiss Criminal Code. Crediting against the fine under Art. 42 para. 4 of the Swiss Criminal Code is only permissible as a secondary option if the remand detention exceeds the duration of the fine.

The Federal Supreme Court therefore…