Facts
The appellant [X.] was convicted by the Regional Court Oberland for multiple instances of driving in a state of incapacity to 60 daily penalty units of CHF 230.--, conditionally, and a fine of CHF 3,450.--. The High Court of the Canton of Bern reduced the fine to 48 daily penalty units and the fine to CHF 2,760.--. The appellant requests the dismissal of the proceedings due to a violation of Art. 6 ECHR, alternatively his acquittal, and subordinately the remittal of the case to the High Court with a new composition.
The appellant complains about the composition of the federal court and the composition of the previous instance's court as violating Art. 6 ECHR. He claims that the public prosecutor's office was not present at the first-instance main hearing and that the evidence was not gathered in a contradictory procedure.
The appellant also criticizes the establishment of the facts and the assessment of the evidence by the previous instance and claims that the gathered evidence is inadmissible and that he is to be acquitted in case of doubt.
Considerations
The Federal Court has examined the appellant's complaints regarding the composition of the federal court and the composition of the previous instance's court and has found that they are not justified. The case law of the ECHR allows for a certain judicial discretion in the presence of objective criteria.
The Federal Court has also examined the appellant's complaint that the public prosecutor's office was not present at the first-instance main hearing and that the evidence was not gathered in a contradictory procedure. It has found that the public prosecutor's office was not required by the applicable procedural law to personally represent the indictment at the…