Facts

The German national E., residing in Lörrach, went to Basel on May 2, 1978, where he drove a vehicle despite significant alcohol consumption and despite having his driver's license revoked. The blood test showed an alcohol level of 1.8 per mille. Consequently, E. was sentenced by the President of the Police Court of the Canton of Basel-Stadt to 30 days' imprisonment and a fine of 400 Swiss francs for violation of Art. 91 para. 1 and Art. 95 no. 2 of the Swiss Road Traffic Act.

E. filed an objection to this penal order. In parallel, he was sentenced by the District Court of Lörrach to a suspended prison sentence of 4 months and a fine of 3,000 DM for the same facts.

The President of the Police Court of the Canton of Basel-Stadt then deducted the German fine and sentenced E. to a remaining sentence of 14 days' imprisonment. This judgment was confirmed by the Court of Appeal of the Canton of Basel-Stadt.

Considerations

The Federal Court dismissed E.'s appeal for nullity. It made the following findings:

  • Foreign prior convictions can be taken into account in sentencing and in the assessment of prognosis according to Art. 63 of the Swiss Criminal Code and Art. 41 para. 1 no. 1 of the Swiss Criminal Code. The procedure of the Basel courts therefore does not violate the Swiss Criminal Code.
  • International law does not recognize a principle that prohibits the assessment of the same act by the criminal authorities of two states. Cumulation of criminal jurisdiction is permissible.
  • The custodial…