Questione giuridica chiave
Whether an appeal under Art. 399(4)(b) CPC may be limited to the substitute custodial sentence as a separate part of the sanction.
Decisione estratta
Yes. The substitute custodial sentence may be examined in isolation because it is a subordinate element of the criminal sanction and separate review does not create contradictions with the uncontested parts of the sentence.
Motivazione estratta
The court held that although sentencing elements should generally be viewed as a coherent sanction package, a partial appeal is permissible where the challenged element allows independent review and no inconsistency arises with the remaining sentence components. The conditional fine and the busa already fixed the essential sanction, so the substitute custodial sentence could be assessed separately.