Facts
The Federal Court had to rule on a case in which the defendant [Y.] was sentenced to a custodial sentence of 7 months for attempted intentional homicide and serious bodily harm. The lower court had conditionally suspended the execution of the sentence with a probation period of 2 years. The Public Prosecutor's Office of the Canton of St. Gallen appealed to the Federal Court and requested the annulment of the contested judgment and the remittal of the case for a new decision to the lower court.
The defendant was involved in a physical altercation with the victim [B.] on May 26, 2006, in which he hit the victim with a baseball bat and inflicted life-threatening injuries on them. The defendant was convicted of attempted intentional homicide and serious bodily harm.
The lower court had granted conditional execution of the sentence because it made a favorable prognosis for the defendant's future behavior. The Public Prosecutor's Office argued that the lower court had not properly assessed the conditions for conditional execution of the sentence and that the defendant did not offer a favorable prognosis.
Considerations
The Federal Court examined whether the lower court had properly assessed the conditions for conditional execution of the sentence. It found that the lower court had applied the old juvenile criminal law, which is the milder law because it provides for a lower maximum sentence of one year's detention.
The Federal Court stated that conditional execution of sentences under old law is permissible for all custodial sentences up to a maximum duration of one year. The conditions for conditional execution of sentences are summarized in Art. 96 Abs. 1 aSCC as less stringent than in adult criminal law. The sentencing authority thus has a greater discretion when making a prognosis…