Facts
The defendant X. was sentenced on 11 April 2002 by the Cantonal Court of Zurich to a term of two years and four months of unconditional imprisonment, in addition to a sentence of 60 days' imprisonment imposed on 6 November 1999 by the District Public Prosecutor's Office of Zurich for assault. After being conditionally released on 27 August 2005 with a probation period of 3 years, X. committed another offence under the Narcotics Act on 14/15 March 2007, i.e. before the end of his probation period. The Cantonal Court of Zurich then ordered the revocation of the conditional release and pronounced an aggregate sentence of 24 months' imprisonment, of which 12 months were suspended and 12 months were unconditional.
Considerations
The SCC held that the 3-year probation period set at the time of the conditional release in 2005 remained applicable, in accordance with the transitional law. It also specified the method to be followed to pronounce an aggregate sentence in the event of a reintegration procedure within the meaning of Art. 89(6) SCC. The judge must take the new sentence imposed for the offence committed during the…