Questão jurídica principal
Whether the new Criminal Code provisions applied on appeal under Art. 2 CP
Decisão extraída
Yes. Because the cantonal appeal court replaced the first-instance judgment, the accused was also being judged there and the new law had to be applied if more favorable.
Fundamentação extraída
The court compared the old and new regimes as a whole and found the new sanction regime more favorable than the former imprisonment regime.