Key legal question
Whether the indictment sufficiently covered cocaine possession so that conviction for possession complied with the accusation principle and Article 6 ECHR.
Extracted holding
Yes. The indictment expressly alleged acquisition, possession, and sale of narcotics, and the detailed facts in count 1.1 necessarily included possession of cocaine.
Extracted reasoning
A court is bound by the factual allegations, not by the prosecutor's legal characterization. The indictment must describe the facts with sufficient precision to allow defence preparation. Here, the introductory allegation and count 1.1 made clear that cocaine possession was part of the charged conduct, so the complaint was unfounded.