Questão jurídica principal
Whether the cantonal judgment violated the accusation principle by convicting for an omitted act not charged in the indictment.
Decisão extraída
Yes. The indictment alleged active blows to the victim, but the appellate court convicted X. on the basis of an omission to prevent injury; this went beyond the charged facts and impaired the defence rights.
Fundamentação extraída
The accusation fixes the subject matter of the trial. Because the charging document described only active conduct and was not amended, the court could not base guilt on a different factual basis, namely an omission and guarantor liability.