Kernrechtsfrage
Whether the old Criminal Code or the new rules in force from 2007 applied
Extrahierter Entscheid
The old Criminal Code applied because the acts occurred in 2004 and the lex mitior exception did not apply at this procedural stage.
Extrahierte Begründung
The defendant had already been judged at first instance before 1 January 2007; the cantonal cassation court was not a merits court for lex mitior purposes.