Annulment of the Cantonal Decision Limiting the Sentence to 6 Years of Imprisonment

Facts

In this case, the Public Prosecutor's Office of the Canton of Vaud filed a nullity appeal against a judgment of the Cantonal Court of Cassation. The District Criminal Court of Lausanne had sentenced P. to 6 years of imprisonment and 15 years of expulsion from Swiss territory for a serious violation of the Federal Narcotics Act. The Public Prosecutor's Office considered the sentence to be too lenient.

The Cantonal Court of Cassation dismissed the appeal, considering that the District Criminal Court was bound by the remand judgment of the Cantonal Indictment Court, which limited the maximum sentence to 6 years of imprisonment.

Considerations

The SCC admitted the nullity appeal of the Public Prosecutor's Office for violation of Art. 63 SCC. Although the judicial organization and procedure are generally within the competence of the cantons, federal law takes precedence when the cantonal rules of jurisdiction prevent the judge from imposing the maximum sentence provided for by federal law.

In the present case, the cantonal system according to which the…