Questão jurídica principal
Whether the appellate court violated the right to be heard by refusing to give the acquitted defendant an opportunity to file a compensation request under cantonal criminal procedure.
Decisão extraída
Yes. Because the appellate court assumed no compensation request had been filed, it had to allow the defendant to submit one under § 38 StPO/SO before deciding the matter.
Fundamentação extraída
The court held that the cantonal rule requiring an opportunity to file a compensation request applied once the court proceeded on the assumption that none had been submitted. Failing to offer that opportunity was an obvious misapplication of § 38 StPO/SO and thus a violation of Art. 29(2) BV.