Decision on the Treatment of the Appeal in Written or Oral Procedure

Facts

In this case, X. was convicted by the Geneva Criminal Court for breach of trust. He appealed this decision. The Criminal Appeals and Review Chamber of the Geneva Court of Justice ordered the appeal to be heard in written procedure, without holding a hearing.

X. filed a criminal appeal against this decision, contesting in particular the fact that the appeal was heard in written procedure without an oral hearing.

Considerations

The Federal Tribunal considered that the cantonal court had violated Article 406 para. 1 let. a of the Swiss Criminal Procedure Code (CPC) by hearing the appeal in written procedure. Indeed, the appellant contested the facts found by the court of first instance, which implied a new assessment of the evidence and thus questions of fact. However, according to Article 406 CPC, as soon as a question of fact is disputed, the appeal must be heard in oral procedure, unless the parties consent to it.

The Federal Tribunal therefore annulled the…