Question juridique clé
Whether the 22-month prison sentence should be fully suspended or only partially suspended under the new Swiss Criminal Code.
Solution extraite
For a prison term of 22 months, the ordinary rule of full suspension applies if the prognosis is not unfavorable; a partial suspension is only justified when a partial custodial term is indispensable to improve prospects of compliance. That threshold was not met here, so the sentence had to be fully suspended.
Motifs extraits
For sentences between one and two years, the decisive criterion is not culpability but prognosis. The appellant had not offended for three years, lived in orderly circumstances, and regretted his offenses. Although earlier conduct slightly worsened the outlook, there were no substantial doubts about future lawful behavior.