Facts
The appellant [X.] was found guilty by the High Court of the Canton of Thurgau of intentional serious bodily harm, negligent homicide, multiple endangerment of life, multiple coercion, bodily harm, assault, multiple violations of the NarcA and multiple violations of the WA, and was sentenced to a prison term of three years and eleven months and a fine of CHF 1,500.--.
The appellant had previously filed a complaint with the SCC, which was partially upheld. The SCC overturned the judgment and referred the case back to the High Court for retrial.
The appellant requested in his new complaint that the sentence be reduced to a fine of 330 to 360 daily rates of CHF 50.--, a prison term of a maximum of 35 months and a fine of CHF 1,200.--.
Considerations
The SCC examined the sentencing and came to the conclusion that the lower court had not violated Art. 49 para. 1 SCC by imposing a prison term of three years and eleven months and a fine of CHF 1,500.--.
The court found that the principle of asperation only applies in cases of multiple identical types of penalties and that violations are always to be punished with a fine, even if a conviction for a misdemeanor or felony occurs at the same time.
The court also pointed out that the lower court had applied the principle of asperation rather than…