Facts
The Federal Supreme Court had to deal with a complaint in criminal matters against a judgment of the Cantonal Court of Fribourg. The complainant, [A.] , had been sentenced to a partially suspended prison sentence of 27 months and a partially suspended fine of 55 daily rates for multiple cases of property damage, arson, and other offenses. [A.] requested the partial annulment of the judgment and acquittal on two counts of property damage, as well as a conviction for negligent arson.
The Federal Supreme Court annulled the judgment of the Cantonal Court and referred the case back to it for re-examination. It found that the lower court had rightly considered the statements of [B.] from May 21, 2014, to be admissible, as there was no case of necessary defense. However, there was a lack of evidence for the finding that the appearance of the house facade and the scooter had been impaired.
The Federal Supreme Court criticized the sentencing of the lower court and pointed out that the type of penalty should not be determined within the framework of a comprehensive review of all offenses. It emphasized that the lower court must redo the determination of the type of penalty and the sentencing, taking into account, in particular, the procedural delay that had occurred in the meantime.
Considerations
The Federal Supreme Court examined the complaint in criminal matters and found that the lower court was bound by the legal assessment that justified the referral. It pointed out that the new decision of the cantonal authority is limited to the issue that arises from the federal court's considerations as the subject of the new assessment.
The Federal Supreme Court considered the complainant's objection that the statements of [B.] from May 21, 2014, were inadmissible and found that the lower court had rightly assumed the admissibility of the statements. However, it pointed out that the lower court must re-examine the counts 1.49 and 1.67, as there was a lack of evidence for the finding that the appearance of the house facade and…