Kernrechtsfrage
Whether the recusal challenge to the trial judges was raised in time and could be reviewed despite being known earlier.
Extrahierter Entscheid
The recusal complaint was raised too late; the defendant knew the alleged ground before trial and failed to object at the opening of the debates, so reliance on it was contrary to good faith.
Extrahierte Begründung
Under constitutional and ECHR impartiality guarantees, a judge may be challenged when circumstances create an appearance of bias, but the objection must be raised as soon as possible. The defendant had received the earlier judgment and could see the judges' composition before the criminal trial; therefore the cantonal court could treat the complaint as waived.