Facts
The Federal Supreme Court assesses the case as follows: - The appellant [X.] was convicted by the High Court of the Canton of Thurgau of sexual coercion and sentenced to a suspended fine and a monetary penalty. He was also ordered to pay compensation to the victim [A.] . - [X.] appeals against this judgment and requests his acquittal and the dismissal of the civil claims. - The Federal Supreme Court quashes the judgment of the High Court and remits the case for a retrial of the appeal proceedings to the lower court. This is for the following reasons: - The High Court neither questioned the appellant [X.] about his person nor about the matter, which constitutes a violation of essential procedural provisions. - The High Court also did not hear the victim [A.] as a witness, although her statement is the only direct evidence (a case of "one word against the other"). - The Federal Supreme Court obliges the High Court to examine in the new appeal proceedings whether the examination of the victim [A.] is necessary.Considerations
The Federal Supreme Court explains in its reasoning: - The appeal proceedings continue the criminal proceedings and are governed by the provisions on the first-instance main hearing. According to the case law, the questioning of the accused person in the oral appeal proceedings cannot be waived, as this would constitute a violation of the right to be heard and the principle of investigation. -…