Facts
The case concerns an individual, [H.], who committed several offenses, including violating road traffic rules, failing to fulfill duties in the event of an accident, driving without a license, and violating the narcotics law. The cantonal court sentenced [H.] to 70 days of imprisonment with a suspended sentence and a fine of 400 Swiss francs, as well as to serve a previously imposed 15-month prison sentence. [H.] filed a nullity appeal against this decision, requesting the annulment of the decision to revoke the suspended sentence.
The facts unfolded as follows: on June 19, 1988, [H.] took his ex-girlfriend's vehicle without her consent and had a traffic accident. He did not inform the competent authorities and fell asleep at the scene of the accident. Subsequently, he was convicted of several offenses, including driving without a license and violating the narcotics law.
Considerations
The Federal Court examined the question of whether H.'s case could be considered a « minor case » within the meaning of Article 41, chapter 3, paragraph 2 of the Swiss Criminal Code (SCC). The court considered that, in general, a case sanctioned by a custodial sentence of less than three months may be qualified as minor, but that exceptions are possible in the event of special circumstances.
The court also examined the question of the effect of the referral to the cantonal authority in the event of annulment of the contested decision. It considered that the cantonal authority must limit itself, when ruling again, to examining the points that appear to be the subject of the new decision in light of the Federal Court's considerations.
Finally, the court…