Question juridique clé
Whether the new Criminal Code sentencing regime applied under lex mitior
Solution extraite
The new law applied because for a 3-year prison sentence it was milder in concreto, as it allowed conditional or partly conditional execution to be examined.
Motifs extraits
A concrete comparison is required. The old law cannot be chosen merely because the new law would ultimately also deny conditional execution due to an unfavorable prognosis.