Kernrechtsfrage
Whether the new Criminal Code was the milder law for sentencing under Art. 2 Abs. 2 StGB
Extrahierter Entscheid
The revised law applied as lex mitior because the same offense had to be assessed under both regimes and the possibility of partly suspended imprisonment made the new law more favorable.
Extrahierte Begründung
For offenses committed before 1 January 2007, the court must compare the old and new regimes concretely and apply the one producing the better result for the offender. The possibility of conditional or partly conditional execution under the new law counts even if it may ultimately not be granted.