> A different court is allowed to use completely contrary reasoning and interpretation of "enables or facilitates" ("ermöglicht oder erleichtert") and "intent" ("Vorsatz") in § 12 StGB.
In general, lower courts are still going to follow the superior courts, or they will simply be overturned on appeal. And if a judgement is reversed by an appeals court, the lower court is generally bound by the legal findings of the appeals court (e.g. §511 ZPO [1]), so it's not as though they can evade review. In practice, there is actually relatively little difference between common law and civil law jurisdiction these days with respect to precedent.
Not to mention that in this case this is the judgement of a regional court, which could not possibly be binding outside its region even in a common law country.
> Also keep in mind that sometimes juries composed of short-term politically-appointed local politicians ("lay judges") are used, so that also adds to the complexity.
Lay justices and jurors in Austria are selected randomly from the electoral register. See §5 GschwG [2]. This is different from the procedure in other countries, where lay judges are commonly volunteers.
> In general, lower courts are still going to follow the superior courts
That's true. Until its not.
> or they will simply be overturned on appeal
Unless its an entirely different chamber. Is any given chamber even static in composition, or is it dynamic? I admit I don't know (i.e. I have no clue) how appellate panels are chosen. But if even a given appellate chamber is never static, then it may or may not be overturned, depending on that chamber's judges' and whether their opinions are different from a previous composition of the chamber.
> if a judgement is reversed by an appeals court
That's a very big "if" given that there is no stare decisis and a possibly dynamic appellate court composition.
> there is actually relatively little difference
Stare decisis forms after a single opinion. "Constant jurisprudence" forms after ... it forms after judges say it forms. Or something.
> could not possibly be binding outside its region even in a common law country
In California and New York at least (thats like 60 million people) there is no regional appeals court. The appeals court forms a single court, and its opinions are binding throughout the state. California and New York are themselves sovereign states, not regions. (Which is why you can, e.g., commit treason against a state. They also have their own militaries, e.g., "state defense forces", separate from the so-called National Guard.)
> Lay justices and jurors in Austria are selected randomly from the electoral register.
I did not know that. Now I'm glad I brought it up. Thank you. Sweden and Germany could learn something there IMO.
In general, lower courts are still going to follow the superior courts, or they will simply be overturned on appeal. And if a judgement is reversed by an appeals court, the lower court is generally bound by the legal findings of the appeals court (e.g. §511 ZPO [1]), so it's not as though they can evade review. In practice, there is actually relatively little difference between common law and civil law jurisdiction these days with respect to precedent.
Not to mention that in this case this is the judgement of a regional court, which could not possibly be binding outside its region even in a common law country.
> Also keep in mind that sometimes juries composed of short-term politically-appointed local politicians ("lay judges") are used, so that also adds to the complexity.
Lay justices and jurors in Austria are selected randomly from the electoral register. See §5 GschwG [2]. This is different from the procedure in other countries, where lay judges are commonly volunteers.
[1] http://www.jusline.at/511_ZPO.html
[2] http://www.jusline.at/5._Verfahren_der_Gemeinden_GschG.html