Questão jurídica principal
Whether security detention was legally permissible in post-sentencing modification proceedings after the prison sentence had been fully served.
Decisão extraída
Yes. In proceedings on post-sentencing modification of the sanction, the StPO provisions on first-instance detention apply; a sufficient statutory basis exists.
Fundamentação extraída
Because the original judgment was partially set aside and the matter was again pending before the first instance, detention had to be assessed under Arts. 221 and 229 ff. StPO; the ECHR case relied on concerned an earlier cantonal procedure and did not control the new federal code.