Kernrechtsfrage
Whether the appellate court violated the indictment principle and the right to be heard by modifying the factual findings from penetration to massage on the vagina.
Extrahierter Entscheid
No. The indictment sufficiently described the life facts and the revised finding remained within the charged conduct without adding a more severe or different offence.
Extrahierte Begründung
The offence was intentional and the factual description was detailed enough; the correction concerned only the precise manner of contact and did not alter the legal classification or defence rights.