Question juridique clé
Whether the appellate court had to address a partial suspended sentence under Art. 43 StGB
Solution extraite
Where the prosecution expressly requests partial suspension and prior convictions raise doubts about future lawful conduct, the court must explain why partial suspension is not necessary.
Motifs extraits
The appellate judgment gave no indication that the court had considered Art. 43 StGB at all. In such circumstances, the duty to state reasons is violated.