Kernrechtsfrage
Whether the cantonal court could revoke a prior fine and convert it into a harsher prison sentence when determining the new sanction.
Extrahierter Entscheid
No. A prior monetary penalty may not be changed to the detriment of the offender into a prison sentence through aggregate sentencing.
Extrahierte Begründung
The Federal Court reiterated that Art. 46(1) StGB does not allow alteration of a final prior sentence to the offender's detriment, and a fine is inherently milder than imprisonment regardless of amount or duration.