Suspension of prison sentence enforcement based on disproportionality due to minimal remaining term

The Federal Constitutional Court ordered the repetition of the interim injunction dated July 23, 2009, for a period of six months, pending the final decision on the constitutional complaint, thereby prevailing for the complainant by maintaining the suspension of their prison sentence. The dispute centered on the execution of a custodial sentence, where the complainant sought to prevent the resumption of enforcement due to severe associated disadvantages. The decisive legal basis for the decision was the doctrine that the disadvantages connected with the execution of the sentence outweighed the public interest in its immediate enforcement, a finding driven specifically by the fact that the remaining portion of the sentence to be served was very small.