Facts
The Federal Criminal Court found [X.] , [Y.] and [Z.] guilty of qualified violation of the Narcotics Act and sentenced them to various penalties. The Swiss Federal Prosecutor's Office filed a federal appeal and requested the annulment of the judgment and the remittal of the case to the lower court.
The defendants were accused of having intentionally transported, as co-perpetrators or as an accomplice, a net 9,904 kg of heroin mixture with a purity of 22% from Kosovo via Bestwig/D to Zurich on March 25/26, 2006, in order to hand it over to a third party there.
The lower court assumed that the defendants had committed the acts they were accused of between mid-March and March 26, 2004, in Kosovo, Germany, and Switzerland. The individual acts complained of concerned various stages of the illegal drug trade and could be classified as a uniform set of facts.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had evaluated the entire complex of drug transport and accordingly imposed the sentence. The appeal is unfounded in this respect.
However, the Federal Court found that the lower court was not allowed to impose the costs of pre-trial detention and early execution of the…