Facts
The appellant [A.] was found guilty by the Cantonal Court of the Canton of Bern of a serious violation of traffic regulations by overtaking on a straight section within a built-up area despite oncoming traffic and was sentenced to an unconditional fine of 50 daily rates at CHF 30.-- each. [A.] filed a criminal appeal against this judgment. The Federal Supreme Court annulled the judgment and remanded the case to the Cantonal Court of the Canton of Bern for a new decision after conducting an oral appeal hearing.Considerations
The Federal Supreme Court justified its decision as follows: - The requirements for conducting the written procedure pursuant to Art. 406 para. 2 CrimPC were not met. Although both parties had consented to the written procedure, the lower court could not rely on this, as the facts of the case were disputed in objective and subjective terms and the public prosecutor's office had filed a cross-appeal. - In such a constellation, the presence of both the public prosecutor's office…