Key legal question
Whether the cantonal appeal court violated the right to a fair trial by not repeating evidence directly at the appeal hearing
Extracted holding
No violation was shown; the appellant had been present, could speak, and did not request further evidence, while the appellate court could rely on the recorded and trial evidence.
Extracted reasoning
Under the CPP, appeal proceedings rely on the existing file unless evidence must be repeated; only decisive evidence whose probative force depends on direct impression must be reheard.