Key legal question
Whether the new Criminal Code and Art. 46 CP required assessing revocation of the suspended sentence under the more lenient new law.
Extracted holding
Yes. Because the facts predated 1 January 2007 but the cantonal court ruled later, it had to apply lex mitior and assess revocation under Art. 46 CP.
Extracted reasoning
The new regime is more favorable because revocation now requires a negative prognosis; without it, revocation must be refused.