The court may impose a custodial sentence instead of a monetary penalty if:
a custodial sentence appears appropriate in order to prevent the offender from committing further felonies or misdemeanours; or
it is anticipated that it will not be possible to enforce a monetary penalty.
Fussnoten
- [32] Amended by No I 1 of the FA of 19 June 2015 (Amendments to the Law of Criminal Sanctions), in force since 1 Jan. 2018 (AS 2016 1249; BBl 2012 4721).
The court must explain why it has decided to impose a custodial sentence.
The right is reserved to impose a custodial sentence instead of an unpaid monetary penalty (Art. 36).