Kernrechtsfrage
Whether the appeal court violated the constitutional presumption of innocence by considering a pending criminal case when assessing prognosis for conditional sentencing.
Extrahierter Entscheid
No. The appeal court used the pending proceedings only as one additional element in an overall prognosis assessment and did not treat them as an established conviction or shift the burden of proof.
Extrahierte Begründung
The court held that Art. 32(1) BV prohibits conviction based on failure to prove innocence, but does not bar consideration of acknowledged facts from ongoing proceedings when assessing personal circumstances and future conduct. The appeal court expressly noted that no final conviction existed and relied on the defendant's own admissions and broader conduct pattern.