Question juridique clé
Whether the Obergericht’s reliance on the file without new questioning violated arbitrariness, fair trial, or defence rights.
Solution extraite
No violation was shown; under Bern procedure the appellate court could decide on the record, and the defendant had expressly waived personal attendance and further evidence requests.
Motifs extraits
The appellate court may base itself on the first-instance evidence and order supplementation only if necessary. Given the prosecution appeal and the defendant’s waiver, the absence of renewed questioning was neither arbitrary nor incompatible with Article 6 ECHR.