Partial approval of the appeal and annulment of the judgment of the Cantonal Court of Lucerne due to violation of the right to confrontation and incomplete establishment of facts

Facts

The appellant [X.] and the respondent [A.] are neighbors. On September 16, 2011, [B.] , an employee of [C. GmbH] , cut down two birch trees on [A.] 's property. The Public Prosecutor's Office, Division 2 Emmen, found [X.] guilty of incitement to property damage by penal order of July 10, 2014, and sentenced him to a conditional fine. The District Court of Kriens acquitted [X.] of guilt and penalty. However, the Cantonal Court of Lucerne convicted [X.] of property damage in indirect perpetration and imposed a conditional fine on him.

[X.] filed an appeal in criminal matters and requested the annulment of the judgment of the Cantonal Court of Lucerne and his acquittal of guilt and penalty. He complained of a violation of his right to confrontation and incomplete establishment of facts.

Considerations

The Federal Court examined the appeal and found that the Cantonal Court of Lucerne had violated the appellant's right to confrontation by using the statements of [D.] without his being questioned in the presence of the appellant. The Federal Court found that the lower court had to take into account the appellant's right to confrontation.

The Federal Court further found that the Cantonal Court of Lucerne's establishment of facts was incomplete and that the lower…