Requirements for the conduct of a written appeal procedure

Facts

Parties: Defendant A., Public Prosecutor's Office Rheinfelden-Laufenburg, Higher Court of the Canton of Aargau

Facts: A. is accused of damaging two parked cars in a car repair shop on May 29, 2016. The Public Prosecutor's Office convicted A. by penal order for multiple property damage. However, the District Court acquitted A. The Higher Court of the Canton of Aargau convicted A. again in a written procedure. A. files an appeal in criminal matters.

Main question: Fulfillment of the requirements for a written appeal procedure according to Art. 406 CrimPC and compatibility with Art. 6 para. 1 ECHR.

Considerations

The appeal procedure is in principle oral and can only exceptionally be conducted in writing if the requirements of Art. 406 CrimPC are met. These requirements must be cumulatively present, in particular the presence of the accused person must not be necessary and the matter must be of minor importance. The consent of the parties to the written procedure cannot replace the statutory requirements.

In the present case, the presence of the accused was necessary as she had contested the indictment and the first-instance judgment was based on her acquittal. The appellate court should have summoned the accused to an oral hearing to clarify the facts appropriately and to ensure a fair assessment.

The conduct…