Questione giuridica chiave
Whether the convictions under Art. 179quater StGB were covered by the indictment and the defendants' defense rights
Decisione estratta
The convictions under Art. 179quater StGB were not covered by the indictment; in any event, the defendants were not sufficiently informed or heard on that charge.
Motivazione estratta
The indictment described hidden-camera filming but did not accuse the defendants of the conduct constituting Art. 179quater StGB. No express warning was given at either instance that this provision could be applied, so the accused lacked notice and an adequate chance to defend themselves.