Libération du paiement d’une amende
contraventionnelle en cas de détention
injustifiée ?

The key issue in this judgment of the Swiss Federal Supreme Court 6B_540/2025 was the interpretation of Art. 10(3) DPA, which sets a strict 90-day cap on substitute imprisonment for unpaid fines (at CHF 30/day). The Federal Supreme Court reversed the lower court's approach, holding that the 90-day limit acts as an absolute ceiling ("Sperrwirkung") that cannot be exceeded regardless of the fine amount. Consequently, the defendant was fully released from paying the CHF 45,000 fine since his pre-trial detention already exceeded the maximum conversion period.