Questão jurídica principal
Whether the cantonal courts arbitrarily assessed the evidence and violated the presumption of innocence by relying on witness testimony.
Decisão extraída
No. The witness’s core statements were consistent and precise; the challenged discrepancies were not decisive, and other incriminating elements existed. The Federal Court found no arbitrariness.
Fundamentação extraída
A criminal court may rely on a witness or on indicia if its assessment is not arbitrary. The contested variations concerned secondary points and could be explained by the witness’s own criminal exposure. The defendant’s own admissions and lifestyle also supported the conviction.