Kernrechtsfrage
Whether the cantonal appeal court could expand review from pure legal issues to factual issues in written proceedings without notifying the parties.
Extrahierter Entscheid
No. Once the court extended review to factual issues, the statutory conditions for written appeal proceedings no longer existed and the parties had to be heard in an oral procedure.
Extrahierte Begründung
Written appeal proceedings under Art. 406 StPO are exceptional and limited. If the court also relies on Art. 404(2) StPO to review unchallenged matters, it must inform the parties and give them a chance to respond. By not doing so, it violated the hearing right.