Facts
The appellant was found guilty by the President of the Court of the Judicial District VIII Bern-Laupen on 17 November 2006 of violence and threats against officials, violation of the Foreigners Act, and violations of the Narcotics Act, and was sentenced to 40 days' unconditional imprisonment. The Cantonal Court of Bern upheld the convictions and sentenced the appellant to 60 days' unconditional imprisonment. The appellant appealed against the judgment of the Cantonal Court, requesting a suspended fine or community service. The SCC set aside the judgment and remanded the case for re-assessment to the lower court. The SCC concluded that the requirements for a fine or community service were met and that the new, more lenient law should be applied. Furthermore, the SCC denied the lower court's refusal of a suspended sentence.Considerations
The SCC stated that the fine and community service should be considered as more lenient sanctions compared to imprisonment. The lower court had wrongly assumed that the requirements for these alternative sanctions…