Question juridique clé
Whether § 165 sentence 2 StPO prohibits the appellate court from changing the legal qualification to the defendant's detriment when only the defendant appeals.
Solution extraite
The prohibition of reformatio in peius concerns only the sentence, not the legal qualification of the offence.
Motifs extraits
The wording does not clearly extend the ban to qualification. Legislative materials and Swiss practice show that the rule protects against harsher sanctions, while the appellate court remains free to reassess guilt and apply the correct legal label if the evidence so requires.