Kernrechtsfrage
Whether the post-judgment written confession by the defendant's father was admissible as a new fact or new evidence in the federal criminal appeal
Extrahierter Entscheid
The confession was inadmissible because it post-dated the cantonal judgment and was therefore a true new fact; it was also not justified by the appealed judgment within the meaning of Art. 99(1) BGG.
Extrahierte Begründung
The Federal Supreme Court held that genuine novelties arising only after the challenged judgment cannot be introduced on appeal. It further observed that a party cannot create admissible nova merely because the outcome was unfavorable. Since the father already knew the relevant facts during the cantonal proceedings, the later confession was irrelevant in this procedure.