Facts
The appellant [A.] was found guilty by the Criminal Court of Schwyz of attempted intentional homicide and repeated incest. He was sentenced to 9 years' imprisonment. Both the Public Prosecutor's Office and [A.] appealed. The Cantonal Court of Schwyz upheld the conviction for attempted intentional homicide and increased the sentence to 11.5 years' imprisonment. [A.] appealed against this judgment to the Federal Supreme Court.Considerations
The Federal Supreme Court quashed the judgment of the Cantonal Court of Schwyz and remitted the case to the lower court for a new assessment of the sentence. The reasons were as follows: 1. The Federal Supreme Court did not see a violation of the prohibition on reformatio in peius (prohibition on reforming a judgment to the detriment of the accused) by the lower court, as the appeal was filed by both [A.] and the Public Prosecutor's Office, and thus the prohibition on reformatio in peius did not apply. 2. However, the Federal Supreme Court criticized that the lower court had not sufficiently fulfilled its duty to provide reasons under Art. 50 SCC. In particular, the lower court should have referred to the summary penalty order against the appellant's daughter and explained why a significantly higher…