New regulation on minimum sentences for first-time offenders in speeding offenses
Published: Monday, Oct 14th 2024, 12:10
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A speeding driver caught in Ticino receives a conditional fine instead of the conditional prison sentence imposed at first instance. The Federal Supreme Court confirms this ruling by the Court of Appeal. It corresponds to the new regulation that came into force in October 2023.
In this particular case, the driver was traveling at 188 km/h on the A2 freeway. The signalized speed limit on the section in question was 100 km/h.
In November, the Ticino Court of Appeal commuted the conditional prison sentence of 12 months imposed at first instance to a conditional fine of 180 daily rates. It increased the fine from 500 to 1000 francs.
This was permissible, according to the Federal Supreme Court in a ruling published on Monday. The new provision in the Road Traffic Act stipulates that first-time offenders can be punished with a fine instead of the previous minimum sentence of one year's imprisonment for speeding offenses.
Clear requirements
The condition is that the offender has not been convicted in the last ten years of a felony or misdemeanor involving a serious risk to the safety of others or the injury or death of others.
In its considerations, the Federal Supreme Court states that the legislator's intention with the new provision was to create an autonomous sentencing range for first-time offenders. The courts were to be granted a margin of discretion.
Contrary to the opinion of the public prosecutor's office, which had lodged an appeal against the decision of the Court of Appeal, it is not necessary for the offender to have particularly favorable circumstances. (Judgment 6B_1379/2023 of 11.9.2024)
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