Facts

Parties:

  • Appellant 1 ([A.] ), represented by attorney Johannes Michael Helbling
  • Appellant 2 ([B.] ), represented by attorney Rajeevan Linganathan
  • Respondent: Public Prosecutor's Office of the Canton of Zurich

Facts:

  • The District Court of Hinwil convicted [A.] and [B.] on February 3, 2022, for deprivation of liberty, kidnapping, simple bodily harm, and coercion.
  • The Higher Court of the Canton of Zurich confirmed the findings of guilt on March 11, 2024, and imposed further penalties.
  • Appellant 1 requests the revocation of the expulsion from the country and its publication in the SIS.
  • Appellant 2 requests the revocation of the findings of guilt and an acquittal.

Main issue:

  • Absence of the public prosecutor's office at the appeal hearing despite requesting a prison sentence of more than one year.

Considerations

The appeals in proceedings 7B_1340/2024 and 7B_1341/2024 were combined due to the same facts and partly the same legal assessments. The prerequisites for the decision on the merits of the appeal in criminal matters according to Art. 78 ff. FSCA are met.

The appellant 2 challenges the jurisdiction of the Zurich criminal authorities and the late objection to jurisdiction. The previous instance denies a hardship case according to Art. 66a para. 2 SCC and conducts an interest balancing, which is to the detriment of appellant 1.

The appellant 2 challenges the absence of the public prosecutor's office at the appeal hearing. According to Art. 337 para. 3 CrimPC, the public prosecutor's…