Judgment in Abbreviated Procedure: Admissibility of Refusal to Testify by the Accused

Facts

The appellant [X.] was found guilty by the District Court of Zurich in the abbreviated procedure of multiple qualified violations of the Narcotics Act and sentenced to a custodial sentence of four years. The High Court of the Canton of Zurich dismissed his appeal. [X.] lodges a criminal law appeal with the Federal Supreme Court. He requests that the judgment be set aside and the case be remanded to the public prosecutor's office for the conduct of ordinary proceedings. He argues that the requirements for a judgment in the abbreviated procedure are not met, as he exercised his right to refuse to testify at the main hearing before the District Court.

Considerations

The Federal Supreme Court upholds the appeal. It states that the judicial confirmation procedure in the abbreviated procedure represents an essential safeguard mechanism. The questioning of the accused at the main hearing, in which he must acknowledge the alleged facts, is a central element. If the accused invokes his…