Federal Supreme Court Competence of individual judges for custodial sentences clarified

Single judges may impose a fine in addition to the maximum custodial sentence of two years within their jurisdiction and also order a deportation order. This was decided by the Federal Supreme Court in a leading judgment.

In the specific case, a single judge at a regional court in Bern sentenced a man to 23 months' imprisonment, a fine of 100 daily rates and a fine of CHF 700 for theft, assault, violations of the Narcotics Act and other offenses. The Bernese High Court confirmed the sentence.

The man complained that the prison sentence of 23 months combined with the fine of 100 daily rates exceeded the maximum sentence of two years for a single court.

The Federal Supreme Court came to the conclusion that compliance with the maximum limit should not be based on the total of the various sanctions. The decisive factor is the custodial nature of the sentence, which also applies to a conditional custodial sentence.