Kernrechtsfrage
Whether the appellate court violated the right to be heard by convicting for attempted evasion of a blood test instead of the completed offense charged.
Extrahierter Entscheid
No. The accused could defend himself on all relevant elements, and the reclassification only concerned the stage of completion, not a new offence or harsher legal basis.
Extrahierte Begründung
The right to be heard and the right to be informed do not require prior warning where the court merely qualifies the charged conduct differently within the same offence and the defence could address both the objective and subjective elements.