Facts
The appellant [X.] was sentenced by the District Criminal Court of Sense on 18 March 2008 to a custodial sentence of 3 ½ years for rape, sexual coercion, multiple sexual acts with children, sexual coercion, promotion of prostitution, and multiple instances of driving while incapable. The Criminal Appeal Court of the Canton of Fribourg upheld the judgment on 17 September 2009. [X.] filed a criminal appeal against this judgment, which the Federal Supreme Court upheld on 13 December 2010 and remanded the case for a new assessment.
In the remand proceedings, [X.] requested a public main hearing. However, the Criminal Appeal Court of the Canton of Fribourg decided to exclude the public from the proceedings without weighing the interests and providing reasons for its decision.
Considerations
The Federal Supreme Court notes that the exclusion of the public from court hearings is an exception and is only permissible if the protected interests of a person involved, particularly the victim, require it. The court must weigh the interests of the victim, the accused, and the public and the press, and provide a proportionate justification for the exclusion of…