Facts
X. was convicted for driving his vehicle with a blood alcohol content of 2.32 to 3.13 per thousand, running a red light and causing a collision, then fleeing the scene. He had previously been convicted in 1995 for similar acts. The cantonal court granted him partial suspension of the sentence on the condition that he completely abstain from consuming alcohol during the 5-year probation period, under the supervision of the Penal Enforcement Office. The Public Prosecutor's Office appealed this decision.Considerations
The Criminal Cassation Court considers that the cantonal court made excessive use of its discretionary power in granting partial suspension in these circumstances. Although the convicted person has demonstrated total abstinence since the events, this alone is not sufficient to justify a favourable prognosis, given the seriousness of the repeat offence.
For abstinence to form the basis of a positive forecast, precise…