Facts
The High Court of the Canton of Solothurn convicted [X.] of sexual coercion and attempted rape, sentencing him to 3 years' imprisonment and ordering an outpatient measure during the execution of the sentence for the treatment of alcohol dependence. [X.] appealed the criminal case with the request to acquit him of any guilt and punishment.
The appellant claimed that a new fact or new evidence had come to his attention after the lower court's judgment, which was capable of immediately leading to an acquittal. He also argued that he had never been able to participate in the examinations of the victim, which the public prosecutor's office had acknowledged at the lower court hearing.
Considerations
The Federal Supreme Court states that the accused has a fundamental right to be heard and the right to examine witnesses for the prosecution (Art. 147 para. 1 CCP, Art. 6 no. 3 lit. d ECHR). A incriminating witness statement is only admissible if the accused was able to examine the witness for the prosecution at least once during the proceedings in direct confrontation.
The lower court did not justify why protective measures were taken in favor of the victim. Since the victim was the only direct witness and…