Facts
The respondent [X.] was fined CHF 1,500 by the District Court of Winterthur on 15 May 2006 for negligent bodily harm. On his appeal, the High Court of the Canton of Zurich convicted him of negligent bodily harm on 19 January 2007, but imposed a suspended fine of 8 daily rates of CHF 100 each and waived an additional fine.
The Office of the Attorney General of the Canton of Zurich filed a criminal appeal, requesting that the judgment be set aside and the respondent be additionally fined CHF 500. It argued that the lower court had violated federal law by waiving the fine, as the offence had not been sufficiently sanctioned.
Considerations
The Federal Supreme Court upheld the appeal. It stated that in the application of the more lenient law in the area of the so-called interface issues, i.e. the simultaneous sanctioning of misdemeanour and offence elements that are in an unreal conflict of laws, the principle of criminal justice requires that a part of the guilt-appropriate fine be imposed as an unconditional fine or fine. Otherwise, the perpetrator who commits the offence would be better off than the one who is merely criminally liable…