Kernrechtsfrage
Whether the lower court wrongly refused mitigation because too much time had elapsed since the offences under Art. 64 CP.
Extrahierter Entscheid
No. Less than four-fifths of the limitation period had elapsed, so the time elapsed was not 'relatively long' within the meaning of the statute.
Extrahierte Begründung
The mitigating circumstance is linked to proximity to prescription; here the first-instance judgment came a little under eight years after the last offences, while the limitation period was ten years.