Kernrechtsfrage
Whether the 30 day-fine sentence for refusal to undergo incapacity-determining measures violated Art. 47 CP.
Extrahierter Entscheid
No. The cantonal court stayed within the statutory range and did not abuse its discretion.
Extrahierte Begründung
The Federal Court held that the prosecutor’s comparison with a hypothetical, more serious drunken-driving offense was incompatible with the presumption of innocence. Recommendations of the prosecution authorities were not binding and could only assist, not replace, independent sentencing discretion under Art. 47 CP.