Question juridique clé
Whether the appellant's conviction could be upheld on a different legal basis without prior notice and opportunity to defend
Solution extraite
No. By condemning the appellant for an offence different from the one originally denounced, without allowing him to respond, the appellate court violated the right to be heard.
Motifs extraits
The offence under art. 27 let. a LPR (posting or causing posters to be posted) is distinct from art. 27 let. b LPR (tolerating the display as beneficiary). Even if municipal proceedings are not strictly bound by the cantonal indictment rules, the minimum guarantees of the right to be heard require notice when the judge intends to rely on a new legal basis not foreseeable from the prior proceedings.