Key legal question
Whether community service could be ordered for a 98-day custodial sentence.
Extracted holding
No. Community service was available only for custodial sentences of up to three months, and the sentence at issue exceeded that limit.
Extracted reasoning
Art. 3a para. 1 VStGB 3 limited community service to sentences up to three months. The 14-week sentence (98 days) exceeded the maximum, so the request was incompatible with the applicable rules.