Facts
This decision concerns a nullity appeal filed by Mr. Füchslin against the refusal of the Higher Court to grant probation for the execution of the supplementary sentence of six months' imprisonment imposed on him. The facts are as follows: - Mr. Füchslin was sentenced to a main sentence of eight months' imprisonment by the Higher Court of the Canton of Thurgau on January 7, 1965. - He was then sentenced to a first supplementary sentence of four months' imprisonment by the District Court of Uster on February 14, 1968. - He was then sentenced to a second supplementary sentence of six months' imprisonment by the Higher Court. - In total, the sentences amount to 18 months' imprisonment. - The main sentence of eight months has been expunged from the criminal record.Considerations
The Federal Tribunal dismissed Mr. Füchslin's nullity appeal. It considered that, even if the main sentence has been expunged, it must still be taken into account to determine whether probation can be granted for the supplementary sentence. Indeed, according to Art. 41(1)(1) SCC, probation cannot be granted when the main sentence and the supplementary sentence exceed a total of one year's imprisonment. Although the expungement of the main sentence prevents its execution, it does not result in the annulment of the judgment that imposed it. This judgment remains relevant for the investigating authorities and the criminal courts, which must be informed of it in the event of new criminal…