Questão jurídica principal
Whether the administrative execution authority could examine limitation under Art. 41 ch. 3 al. 5 CP for revoked suspended sentences.
Decisão extraída
No. That provision can be applied only by the criminal judge deciding revocation; the execution authority has no jurisdiction to re-examine it administratively.
Fundamentação extraída
The statute expressly assigns revocation of suspension to the judge. Paragraph 5 is only an additional condition for that judicial decision and does not create a separate administrative review procedure after the criminal judgment.