Facts
The Federal Court ruled in a criminal case against [X.] , who had been acquitted by the District Court of Zurzach of the charge of sexual acts with children, but was then convicted by the High Court of the Canton of Aargau of sexual acts with a child to a 6-month suspended prison sentence and payment of compensation. [X.] filed a complaint with the Federal Court for violation of his right to be able to ask the prosecution witness [Y.] supplementary questions in accordance with Art. 6 para. 3 lit. d ECHR.
Considerations
The Federal Court upheld the complaint. It stated that the complainant had filed the application to be able to ask the prosecution witness [Y.] supplementary questions in due time in the appeal proceedings. However, the High Court had rejected this application as an abuse of rights, as the complainant could have requested the examination of the witness already in the first instance proceedings. The Federal Court saw this differently: According to the Aargau Code of Criminal Procedure, an accused can introduce new evidence in the appeal proceedings without restriction, even if he could have submitted it already in the first instance proceedings.…