Facts
The appellant [X.] was sentenced by the Court of Appeal of the Canton of Basel-Stadt to a custodial sentence of 3.5 years and a fine of CHF 1,000 for rape, sexual coercion, coercion, threat, assault, and simple bodily harm. He filed a criminal appeal against this judgment.
The appellant requested the submission of various files and the examination of the treating psychiatrist, as well as the obtaining of a forensic psychological expert opinion on the victim. The lower court dismissed these motions for evidence as late, as they had not been filed in the notice of appeal.
Considerations
The Federal Supreme Court holds that motions for evidence in oral appeal proceedings - as in the first instance proceedings - can be filed until the conclusion of the taking of evidence. The lower court violates federal law by dismissing the appellant's motions for evidence due to lateness, solely because he did not file them already in the notice of appeal.
The Federal Supreme Court sets aside the judgment of the lower court and remands the case for…