Question juridique clé
Whether the cantonal court violated the accused's right to be heard by requalifying the facts under Art. 122(3) CP without prior notice.
Solution extraite
Yes. The new qualification was not foreseeable from the referral order or the prior federal ruling, and the defense had not been informed that Art. 122(3) CP could be applied.
Motifs extraits
The referral order only mentioned Art. 122(1) CP. The later medical sequelae were established only during the proceedings after referral. Because Art. 122(3) CP is a broad residual clause and the accused was not alerted to its possible use, he could not prepare an effective defense.