Questão jurídica principal
Whether the refusal of a partial suspended sentence under Art. 43 CP was lawful
Decisão extraída
The refusal was premature because the cantonal court did not assess whether execution of the revoked prior suspended sentences would improve the prognosis.
Fundamentação extraída
For a 1- to 3-year custodial sentence, partial suspension depends on an overall prognosis. When prior suspended sentences are revoked, their foreseeable execution must be considered in the prognosis. The cantonal court failed to do so, even though nearly four months of imprisonment would have to be served and the nature of the prior convictions also mattered.