Facts
The Regional Court of Düsseldorf (Germany) convicted [W.] on May 11, 1976 of continued pimping, continued intentional offense against the Narcotics Act, and forgery of documents, and sentenced him to a total sentence of 10 years. On November 15, 1982, the Criminal Court of Bern found him guilty of repeated and continued pimping (committed between 1971 and the summer of 1972) and sentenced him to an additional sentence of 12 months' imprisonment to the judgment of the Regional Court of Düsseldorf. By decision of September 2, 1983, the High Court of the Canton of Bern increased the additional sentence to 18 months' imprisonment.
[W.] filed a federal nullity appeal with the request that the additional sentence be revoked.
Considerations
The Federal Court decided that Art. 68 para. 2 SCC also applies in the case of a principal sentence imposed abroad. The additional sentence to a foreign principal sentence must be determined in application of the sentencing rules of Swiss law.
The Federal Court stated that the judge who has to pronounce an additional sentence to a foreign judgment must carry out the sentencing according to Swiss law and not according to foreign law. Art. 68 para. 2 SCC is intended to restore the balance with the total sentence that would have been imposed if all the offenses had been judged simultaneously.
In determining an additional sentence to a foreign…