Question juridique clé
Whether the defendant was denied the right to confront the decisive witness F.________ in the fraud count concerning Ferien- und Bildungszentrum E.________
Solution extraite
The confrontation right was violated because the fraud finding relied on F.________'s accusations without giving the defendant a proper opportunity to question her.
Motifs extraits
A witness statement used incriminatingly must be challengeable at least once in adversarial fashion. The lower court could not reject the request by anticipatory assessment, and the request was timely once the indictment clarified the charges.