Questão jurídica principal
Whether a short suspended prison sentence could be imposed on L.________ instead of a fine.
Decisão extraída
No. Because probation was granted, Art. 41 CP did not allow a short custodial sentence; a monetary penalty had to be imposed.
Fundamentação extraída
Art. 41 CP requires cumulatively that a suspended sentence be unavailable and that neither a monetary penalty nor community service can be executed. The first condition was absent.