Facts
On April 23, 2015, X. was found guilty by the District Court of Lenzburg of various offenses and sentenced to a custodial sentence of 3 ½ years, a conditional fine, and a fine. On appeal by X., the High Court of the Canton of Aargau confirmed the guilty verdict on March 17, 2016, but reduced the sentence.
X. filed a criminal complaint against the High Court's judgment and alleged a violation of Art. 405 and 406 CCP, as he had not expressly and unambiguously consented to the written appeal procedure. The lower court should therefore have conducted an oral appeal hearing.
Considerations
The Federal Court dismissed the complaint. It stated that Art. 406 para. 2 CCP does not require the express consent of the parties to the written procedure. Consent can also be given tacitly. Since X. had unreservedly engaged in the written procedure and had not criticized the lower court's order that an oral hearing would only be held at the request of the parties, this was to be considered as a waiver of an oral hearing.
The Federal Court clarified that Art. 406 CCP is designed as an "optional provision" and that the appeal court must examine in each individual case whether the waiver of a public hearing…