Facts

The appellant [X.] was sentenced by the High Court of the Canton of Zurich to a custodial sentence of 3 years and a fine of 180 daily rates of CHF 30.- for multiple instances of mismanagement, failure to keep accounts, multiple fraud, multiple misappropriation, deprivation of liberty as an indirect perpetrator, and multiple violations of the Road Traffic Act. The Federal Supreme Court partially upheld the appeal and remanded the case for re-assessment by the lower court. In the new judgment, the High Court acquitted [X.] of the charge of multiple misappropriation, but confirmed the other guilty verdicts. It sentenced [X.] to a custodial sentence of 3 years and a fine of 180 daily rates of CHF 30.-, but did not want to suspend the execution of the fine. [X.] appealed against this.

Considerations

The Federal Supreme Court states that in the case of cumulative dissimilar sentences (custodial sentence and fine), the fine can be imposed conditionally or partially conditionally, regardless of the…