Kernrechtsfrage
Whether the appeal should have suspensive effect pending the cassation court's decision.
Extrahierter Entscheid
Yes. The execution of the challenged judgment is suspended until the court decides the appeal.
Extrahierte Begründung
Under Art. 485p CPP, an appeal does not suspend execution unless the president orders otherwise. Because the outcome of the appeal could not yet be prejudged and refusal of suspensive effect could harm the appellant if he later prevailed, suspension was warranted.