Kernrechtsfrage
Whether the victim's later testimony was a new and material piece of evidence under Art. 410(1)(a) CCP
Extrahierter Entscheid
Yes. The later statement was a new evidentiary result and could plausibly support self-defence or a substantially lighter sentence.
Extrahierte Begründung
The victim had previously categorically denied striking the applicant, but later admitted it could be possible. Since only the two protagonists witnessed the clash, the changed testimony could alter the factual basis of the earlier judgment.