Key legal question
Whether the new evidence submitted by the prosecution could be considered at federal appeal stage
Extracted holding
The new evidence was inadmissible because it could and should have been filed earlier; it was not triggered by the cantonal decision or the appeal.
Extracted reasoning
Under Art. 99(1) BGG, novelties are allowed only when prompted by the lower-court decision. The prosecution's evidence was available earlier and had to be submitted then.