Kernrechtsfrage
Whether refusal to obtain and inspect the co-defendant’s file violated the right to be heard, access to the file, equality, or arbitrariness protections.
Extrahierter Entscheid
No. At the time of the appeal, the co-defendant’s case was still pending before the cantonal appellate court, which was not bound by the first-instance judgment and had to assess sentencing independently; the file was therefore not relevant for the petitioner’s appeal.
Extrahierte Begründung
A sentence comparison could only be made once the co-defendant’s case was decided on its own facts and law. The cantonal court could therefore deny access to those records without infringing constitutional rights.