Questão jurídica principal
Whether the cantonal court violated the accused's right to reply in the recusal proceeding.
Decisão extraída
Yes. The accused was not able to comment in time on the prosecutor's submissions and newly transmitted materials before the cantonal decision was issued.
Fundamentação extraída
Under Article 29(2) Constitution, all parties must be able to take position on any new filing or submission. This constitutional right applies also in recusal proceedings and cannot be excluded by Article 59 CPP.