Key legal question
Whether an appeal may be limited to the issue of suspended sentence under § 173 Abs. 3 StPO.
Extracted holding
Yes. The grant of suspended sentence is a self-contained part of the judgment that can be reviewed independently from the other parts, so limiting the appeal to that point is permissible.
Extracted reasoning
The court held that self-contained judgment points may be challenged separately for reasons of procedural economy and simplification. A complete waiver of appeal implies, a fortiori, the possibility of partial limitation. The question of suspended sentence is distinct from sentencing within Art. 63 StGB and is not inseparably linked to the amount of punishment.