Der Staatsanwalt als Richter : Dürfen Freiheitsstrafen in Strafbefehlen ausgefällt werden?

Abstract

Custodial sentences are among the most severe sanctions that can be imposed by a state. The European Convention on Human Rights therefore guarantees that custodial sentences may only be imposed by a court. However, the reality in Switzerland is different. Three out of four custodial sentences are not imposed by courts, but by public prosecutors in sentencing orders. This paper takes a critical look at this practice and argues that custodial sentences should not be handed down in summary penalty orders.