Question juridique clé
Whether Article 41 Swiss Criminal Code allowed a short custodial sentence instead of a pecuniary penalty
Solution extraite
The cantonal court did not violate federal law by imposing a short custodial sentence; a pecuniary penalty was unlikely to have a deterrent effect given the prior similar convictions and the negative prognosis.
Motifs extraits
A custodial sentence under Art. 41 CP is permissible only if suspended sentence is unavailable and neither a pecuniary penalty nor community service appears executable. Repeated similar offending, prior suspended sentences, and earlier pre-trial detention justified the view that only imprisonment would be effective.