Questione giuridica chiave
Whether the refusal to transmit the prosecution's submission before deciding on early execution violated the right to be heard.
Decisione estratta
Yes. The applicant had to be able to inspect and comment on the prosecution's submission before the decision was taken.
Motivazione estratta
Under Art. 29(2) BV, a party must be informed of and given the opportunity to reply to submissions from other parties and authorities relevant to the decision. By not forwarding the prosecution's submission, the lower court deprived the applicant of that opportunity.