Sentencing and Suspended Sentence in Cases of Multiple False Accusations, Incitement to False Testimony, and Fraud

Facts

The appellant [X.] was sentenced by the District Court of Zurich to 16 months' imprisonment for multiple incitement to false testimony, forgery of documents, debt collection fraud, false accusation, property damage, and threat. On his appeal, the High Court of the Canton of Zurich found him guilty of multiple false accusations, multiple incitement to false testimony, multiple debt collection fraud, and threat. The High Court confirmed the first-instance sentence of 16 months' imprisonment and denied the suspended sentence. The appellant filed a nullity appeal with the Federal Supreme Court against this judgment.

Considerations

The Federal Supreme Court set aside the judgment of the High Court with regard to the sentencing. It found that the lower court had violated Art. 68 para. 2 SCC by not considering the offences committed before the first conviction as a whole with the acts judged at that time and by not forming an additional sentence. Instead, it had imposed individually reduced sentences for these earlier acts. The Federal Supreme Court remanded the case to the lower court for a…