Facts
The appellant [X.] was convicted by the High Court of the Canton of Aargau of defamation against [A.] . The appellant had sent an anonymous letter to a bank branch, in which he described [A.] as criminal and claimed that he was telling the judge untrue stories. The appellant was sentenced to a fine of 40 daily rates of CHF 30.--, conditionally, with a probation period of 3 years, as well as a fine of CHF 300.--.
The appellant lodged a complaint against the judgment and argued that the lower court had violated the principle of indictment and the right to be heard by convicting him of defamation without announcing the deviating legal assessment or giving him the opportunity to comment.
Considerations
The Federal Court examined the complaint and came to the conclusion that the lower court had not violated the principle of indictment, as the appellant knew exactly which specific acts he was accused of and how his behavior was legally qualified. The lower court had convicted the appellant of defamation, although the indictment had originally alleged slander.
However, the Federal Court found that the lower court had violated the right to be heard by not announcing the deviating legal assessment to the parties and not giving them the opportunity to comment. This violation was minor, as the appellant was able to comment on all the alleged factual elements and present the arguments relevant to his position.
The Federal Court also examined the lower court's assessment of…