Facts
The Cantonal Court of St. Gallen, Criminal Chamber, convicted [X.] on 23 January 2015 of various offences and sentenced him to a custodial sentence of six years and four months. On 16 October 2015, [X.] applied for a deferral of the execution of the sentence and for the custodial sentence to be served in the form of an external work placement. The Department of Security and Justice of the Canton of St. Gallen rejected these applications on 30 October 2015. The appeal filed by [X.] against this decision was dismissed by the Indictment Chamber of the Canton of St. Gallen on 16 December 2015.
Considerations
The Federal Supreme Court examined whether the lower court had correctly applied Art. 59 para. 1 lit. e of the Introductory Act of the Canton of St. Gallen to the Swiss Criminal Code and the Swiss Criminal Procedure Code (EG-StPO). According to this provision, a deferral of the sentence for up to one year may be granted if the convicted person credibly demonstrates serious disadvantages for themselves or their family. The Federal Supreme Court concluded that the lower court had not applied the provision in an arbitrary manner. The disadvantages claimed by the appellant, such as the maintenance of the family, the completion of his son's apprenticeship, or the medical care of his shoulder injury, were examined by the lower court and not qualified as serious within the meaning of the provision.
Regarding the requested external work placement, the Federal Supreme Court stated that this is subject…