Questão jurídica principal
Whether the prosecutor's appeal against only part of the judgment allowed the appellate court to modify the entire judgment in favor of the accused despite no cross-appeal.
Decisão extraída
No. Section 165 StPO does not permit a full reformatio in favor of the accused where the unchallenged parts of the judgment have become final and no appeal or cross-appeal was filed by the accused.
Fundamentação extraída
Section 165 StPO governs both the prohibition of reformatio in peius and the possibility of modifying a judgment in favor of the accused when the prosecutor appeals. But that power extends only to matters whose finality was suspended by the appeal. Under § 173(3) StPO an appeal may be limited to independent parts of the judgment; unappealed parts become final unless a cross-appeal is filed.