Questão jurídica principal
Admissibility of new constitutional and Convention arguments raised for the first time before the Federal Supreme Court
Decisão extraída
Those arguments could not be examined because they were raised too late and the cantonal cassation court was not a court of free review on them.
Fundamentação extraída
New legal arguments are generally inadmissible in constitutional complaints unless the last cantonal instance had to apply the law ex officio with free cognition; that was not the case here.