Appeal Regarding Substitution of Suspended Sentence and Treatment Order: Impermissible Worsening ($\text{reformatio in peius}$)

The appellate court reviewed a case where the lower court imposed a two-year suspended prison sentence with probation and mandatory outpatient treatment for rape, due to significantly diminished culpability. The appellate court upheld the two-year sentence but replaced the suspended sentence and treatment order with an ordered outpatient measure under suspension of the prison sentence, raising the question of whether this constituted an impermissible worsening of the outcome ($\text{reformatio in peius}$) according to the cantonal criminal procedure code. The court reasoned that although the provision on the prohibition of worsening nominally only referred to penalties, its application to measures is controversial but generally upheld in legal scholarship for measures significantly impacting personal freedom; however, referencing older precedent where a less restrictive measure was replaced by a different one without finding a worsening, the court deemed the substitution of a suspended sentence with a conditional treatment measure to be in the appellant's objective interest regarding necessary treatment, justifying the change despite its legal burden, especially since the conditionality of the sentence was preserved.