Additional Sentence due to Bodily Harm and Violation of Working and Rest Hours

Facts

The respondent [Y.] was found guilty of simple bodily harm and violation of the Ordinance on Working and Rest Hours (WHRPO 2) by the District Court of Uri on 10 March 2009. He was sentenced to a conditional fine of 70 daily rates at CHF 50.-- and a fine of CHF 1'500.--.

The High Court of the Canton of Uri confirmed the guilty verdict in its judgment of 8 July 2011, but reduced the daily rate of the fine to CHF 10.-- as an additional sentence to previous criminal judgments against the respondent.

The Public Prosecutor's Office of the Canton of Uri appealed against this judgment and requested that the respondent be punished with a fine of 70 daily rates at CHF 170.-- and a fine of CHF 1'000.--.

Considerations

The Federal Supreme Court partially upheld the appeal. It set aside the judgment of the High Court and remanded the case for a new assessment.

The Federal Supreme Court criticized that the lower court had not sufficiently clarified the personal and financial circumstances of the respondent at the time of the judgment in order to appropriately determine the amount of the daily rates of the fine. The mere fact of pre-trial…