Facts
The respondent, a rejected asylum seeker from Guinea, was sentenced by the District Court of Zurich to a fine of 120 daily rates of 30 Swiss francs each for violations of the Foreigners Act. On appeal by the respondent, the High Court of the Canton of Zurich reduced the sentence to 90 daily rates of 4 Swiss francs each. The Office of the Attorney General of the Canton of Zurich filed an appeal against this judgment and requested that the daily rate be set at a minimum of 10 Swiss francs.
Considerations
The DFC upheld the appeal. It stated that for offenders with the lowest income, such as the respondent, the daily rate must not be less than 10 Swiss francs in order to still be perceived as a serious sanction. While the financial situation of the convicted person must be taken into account in determining the fine, the daily rate must not be reduced to the point where it has merely symbolic value. The DFC therefore increased the daily rate to 10 Swiss francs.
Despite the adjustment to the income situation, a fine generally hits low-income individuals harder than wealthier offenders. The former must restrict themselves in their…