Questione giuridica chiave
Whether the new Criminal Code applied to the appeal judgment
Decisione estratta
Because the cantonal appellate court replaced the first-instance judgment and the new law was more favorable, the new sentencing rules applied.
Motivazione estratta
Under Art. 2 CP, the court of appeal also counts as the accused being put on trial; the new law applied if it led to a more favorable result, which was the case here.