Facts
The case concerns a driver, X., who caused a road accident on 23 December 2003, resulting in the death of a passenger and injuring two other people. The driver was found guilty of driving under the influence, negligent homicide, negligent bodily harm, exceeding the authorized speed limit, and driving a vehicle while unfit to drive.
The Baden district court sentenced X. to 21 months in prison. The Argovie cantonal court of appeal reduced the sentence to 20 months in prison with probation and a fine of 1,000 Swiss francs.
The Argovie cantonal public prosecutor's office appealed, requesting the annulment of the court of appeal's decision and the sentencing of X. to a partially custodial sentence with a three-year probation period.
Considerations
The Federal Court examined the issue of the obligation to provide grounds and the connection between a custodial sentence and a fine. The Court considered that the court of appeal had violated its obligation to provide grounds by not justifying why it had not considered a partial suspension necessary, despite X.'s criminal record and the public prosecutor's requests.
The Court also examined the issue of the connection between a custodial sentence and a fine. The Court considered that the court of appeal had incorrectly applied Article 42, paragraph 4, of the Swiss Criminal Code, by imposing a 20-month prison sentence and a fine of 1,000 Swiss francs, without justifying why the prison sentence could not be reduced due to the fine.
The Court…