Kernrechtsfrage
Whether a revision request can target the first-instance judgment despite a fully reformative appeal judgment replacing it.
Extrahierter Entscheid
No. Once the appeal court has entered into the appeal and fully replaced the first-instance judgment without reserving any point, the first-instance judgment no longer has res judicata and cannot be revised.
Extrahierte Begründung
Under Art. 408 CPP, an appeal judgment replaces the first-instance judgment when the appeal court decides on the merits. Because the appellant challenged the judgment in its entirety and the appellate court fully reformed it, the original judgment lacked finality required by Art. 410 CPP.