Questione giuridica chiave
Whether the revocation of the previously suspended 11-month sentence was lawful under Art. 46 StGB
Decisione estratta
Revocation was unlawful because the appellate court failed to make a proper overall prognosis assessment and relied too narrowly on renewed offending during the probation period.
Motivazione estratta
Under Art. 46 StGB, revocation requires a negative prognosis that further offences are to be expected. All relevant factors must be weighed together, including the defendant's later conduct, personal stabilization, work, family life, and the effect of prior custody. The cantonal court improperly treated the new offences as decisive and linked the revocation to the condition that the new sentence be suspended.