Questione giuridica chiave
Whether the revocation of conditional release under Art. 38 no. 4 CP was lawful after a new foreign conviction during the probation period.
Decisione estratta
Yes. The new conviction to an unconditional custodial sentence exceeding three months during the probation period required revocation, and the foreign judgment was treated as equivalent to a Swiss one.
Motivazione estratta
The appellant committed a new drug offense during the probation period and was sentenced in Germany to three years and nine months' imprisonment. This met the conditions for mandatory revocation; no exception applied.