Facts
The appellant [A.] was convicted by the High Court of the Canton of Schaffhausen for rape, multiple qualified simple assault, and breach of duty of care. He filed a criminal appeal to the Federal Supreme Court. The Federal Supreme Court made the following findings: - The interviews of [G.] on 24 February 2017 and Dr. med. [H.] on 15 May 2017 were invalid, as they were questioned as witnesses and not as informants, without being informed of the duty to testify and tell the truth, as well as the criminality of false testimony (Art. 177 para. 1 CrimPC). These interviews can therefore not be used for the conviction. - The appellant's complaints regarding the interviews of the respondent 2 and respondents 3-5, however, were unfounded.Considerations
The Federal Supreme Court quashed the contested judgment of the High Court and remanded the case to the lower court for a new assessment, insofar as it had been based on the allegation of rape. In all other respects, it dismissed the appeal. The Federal Supreme Court justified its decision as follows: - The lower court should have conducted the interviews of [G.] and Dr. med. [H.] as witnesses and not as informants, and should have informed…