Facts
The appellant [A.] was found guilty by the District Court of Aarau in its judgment of 13 November 2019 of fraudulent bankruptcy and debt collection fraud, multiple disposal of seized assets, breach of trust, creditor damage through asset reduction, mismanagement, failure to keep accounts, and multiple counts of fraud. He was sentenced to a partially suspended custodial sentence of 24 months, with 12 months to be served unconditionally. The High Court of the Canton of Aargau confirmed in its judgment of 25 November 2021 the guilty verdicts and the partially suspended custodial sentence of 24 months, with 12 months to be served unconditionally.Considerations
The lower court extensively justified the sentencing. It stated that the starting sentence for the most serious offence, mismanagement, was 24 months' imprisonment. Due to the principle of asperity, it increased the sentence by a further 18 months to 42 months' imprisonment for the fraudulent bankruptcy and debt collection fraud. However, taking into account the prohibition on reformatio in peius, the lengthy duration of the proceedings, and the violation of the principle of expedited proceedings, the partially suspended custodial sentence of 24 months, with 12 months to be served unconditionally, was maintained. The lower court examined the prognosis of the…