Questão jurídica principal
Whether the cantonal judges had to recuse themselves after remand because they had participated in the earlier appellate conviction and expressed a view on guilt and sentence.
Decisão extraída
Prior participation in the earlier decision did not, by itself, create an appearance of bias; no exceptional circumstances showed that the judges could not reconsider the matter impartially.
Fundamentação extraída
Under Art. 30 Cst. and Art. 6 CEDH, recusal requires objectively justified doubts. After remand, a judge may generally rule again even after having taken part in the annulled decision. Exceptional circumstances are needed, such as a clear indication that the judge cannot reopen the case with an open mind. Here, the earlier remarks on the gravity of guilt were not a final, definitive stance, and the Federal Court’s remand confined the new task to sentencing within a fixed range.