Facts
The case concerns a man, X., accused of having killed his compatriot, A., in Zurich. The trial was held before the cantonal court of Zurich, which sentenced X. to 14 years and 9 months in prison. X. filed a nullity appeal against this decision, which was rejected by the cantonal court of appeal of Zurich. The public prosecutor's office of the canton of Zurich then filed a nullity appeal with the Federal Court, arguing that the decision of the court of appeal violated the principle of free assessment of evidence.
The court of appeal had decided that the statements of an anonymous witness were inadmissible, as the defendant and his lawyer had not been able to ask direct questions to the witness due to their protection. The Federal Court examined this appeal and decided that the decision of the court of appeal indeed violated the principle of free assessment of evidence.
Considerations
The Federal Court examined the question of whether the statements of an anonymous witness could be used in a criminal procedure. It considered that the principle of free assessment of evidence, as stated in Article 249 of the Federal Code of Criminal Procedure, implied that evidence must be evaluated freely and without being constrained by pre-established rules.
The Federal Court then examined the question of whether the statements of an anonymous witness could be used in a criminal procedure, considering the procedural guarantees provided by the European Convention on Human Rights (ECHR). It…