Questione giuridica chiave
Whether the defendant qualified for partial suspended sentence despite a prior Spanish conviction and recidivism.
Decisione estratta
No. Foreign convictions are relevant if they are compatible with Swiss general criminal-law principles; the Spanish conviction counted as a prior conviction under Art. 42(2) CP, and no particularly favorable circumstances rebutted the negative prognosis.
Motivazione estratta
The last Spanish conviction, for nine months' imprisonment after a fair procedure, was not contrary to Swiss public-order principles. Given the defendant's multiple prior convictions and renewed drug trafficking in 2009, the statutory bar of Art. 42(2) CP applied.