Kernrechtsfrage
Whether a conditional sentence may be refused solely because the accused is tried in absentia.
Extrahierter Entscheid
No. If the statutory requirements for a conditional sentence are met, it must also be available in absentia proceedings.
Extrahierte Begründung
Section 139(2) StPO requires that proceedings against an absent accused be conducted with the same thoroughness as against a present one; this principle also applies to judgment. The accused's absence alone cannot justify unequal treatment, especially where his character is good and he has no prior convictions.