Key legal question
Whether the cantonal court violated the right to be heard by curing a charging-defect itself instead of annulling the first-instance judgment.
Extracted holding
The constitutional complaint fails: the defect could be cured on appeal because the defendant could argue in writing, the appellate court had full review power on sentencing, and the error was not exceptionally grave.
Extracted reasoning
A violation of the accusation principle may be repaired on appeal if the party could be heard and the appellate court’s powers are not narrower than those of the trial court. Here, the correction affected only sentence length, not guilt.