Key legal question
Whether the cantonal appeal court could reassess the first-instance office-counsel indemnity although that item was not challenged on appeal.
Extracted holding
No. The indemnity amount was not among the challenged parts of the first-instance judgment, and the conditions for ex officio review under Art. 404(2) CPP were not met.
Extracted reasoning
Under Arts. 399(3)-(4) and 404(1) CPP, appeal review is limited to the challenged points. Ex officio review under Art. 404(2) CPP must be used restrictively and the parties must be heard beforehand; neither occurred here.