Jugement Kantonsgericht (VD - Entscheid/2020/249)

Canton:	VD
Case number:	Entscheid/2020/249

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/249 vom 25.03.2020 (VD)

Date:	25.03.2020
Force of law:	-

Summary:	V.________ was sentenced on May 15, 2019 to a conditional fine of 50 daily rates à CHF 100 for drug trafficking. On February 18, 2020, the Office for the Execution of Penalties (AVS) rejected V.________s request to postpone the execution of the fine. V._______ filed an appeal to the Federal Court against the decision of the AVS. The Federal Court upheld the appeal and overturned the decision of the AVS. V.________ now no longer has to pay the fine. More detailed summary: V.________ was sentenced on May 15, 2019 to a conditional fine of 50 daily rates à CHF 100 for drug trafficking. The sentence was given a probation period of two years. On February 18, 2020, V.________ applied to the Office for the Execution of Sentences (AVS) to postpone the execution of the fine. V.________ was unemployed and had no financial means to pay the penalty. The AVS rejected the application. It found that V.________ had the means to pay the fine, as he had already been fined 100 daily rates à CHF 200 in the past. V._______ filed an appeal to the Federal Court against the decision of the AVS. The Federal Court granted the appeal. It found that the AVS had not taken sufficient account of the fact that V.________ was unemployed and had no financial resources. The Federal Court overturned the decision of the AVS and instructed the AVS to postpone the execution of the fine. V.________ now no longer has to pay the fine.
Rule of Law:	Art. 100 LTF;Art. 382 CPP;Art. 385 CPP;Art. 390 CPP;Art. 396 CPP;Art. 422 CPP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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