Facts

The appellant [X.] was sentenced by the District Court of Bülach to 8 years' imprisonment for multiple violations of the Narcotics Act and criminal preparatory acts for robbery. On appeal by the Public Prosecutor's Office and [X.] , the Cantonal Court of Zurich found [X.] guilty of multiple violations of the Narcotics Act, some of which were qualified, as well as criminal preparatory acts for robbery, and sentenced him to 10 years' imprisonment. [X.] has filed a criminal appeal with the Federal Supreme Court. He alleges that the lower court has violated his right to be heard and his right to a fair trial, as the case file is incomplete and he cannot inspect a detailed overall list of all the surveillance measures that have taken place (logbook) in order to review the triage of the surveillance results, in particular the telephone recordings, carried out by the Public Prosecutor's Office.

Considerations

The Federal Supreme Court states that the accused person has a fundamental right of unrestricted access to the case files in order to be able to defend himself effectively and on the merits. This presupposes that the files are complete and that it is documented in the files how the evidence was produced. The prosecuting authority must bring to the attention of the court and the accused person all trace proceedings that may be relevant to the proceedings. However, the law provides that the recordings from the surveillance of postal and telecommunications traffic that are not necessary for the criminal proceedings can be kept separately from the case files and destroyed. The accused person has the right to inspect the archived data carrier with these excluded recordings in accordance with the…