Facts
This case involved a criminal trial against Prof. Y. for desecration and exploitation of distress. The District Attorney's Office initially filed charges, which the District Court, however, dismissed due to ambiguities in the subjective elements of the offense. After the submission of an improved indictment, the District Court convicted Y. with the same composition as in the dismissal decision. Y. appealed this judgment, as he was of the opinion that the court was biased due to its prior involvement in the case.
The Federal Court concluded that a prior involvement of the court in this case did not lead to an inadmissible bias. The remission of the indictment for improvement pursuant to § 182 para. 3 of the Zurich Code of Criminal Procedure presupposes that the court is convinced of the guilt of the accused. Therefore, the court did not make itself an impermissible prosecutor in this procedural step.
Furthermore, the formulation that an amendment of the indictment would most likely lead to a conviction was merely a reflection of the legal situation…