Key legal question
Whether the cantonal court violated the appellant's right to be heard by deciding the remedy in written proceedings without oral debate.
Extracted holding
No violation was established, because the remedy against the later judicial decision was subject to written procedure under the CCP and the appellant did not request debates or show why they were necessary.
Extracted reasoning
The Federal Court held that the cantonal court mischaracterized the remedy as an appeal, but the decision under Art. 63(4) CP was an independent subsequent judicial decision challengeable by recourse under Art. 393(1)(b) CPP. Under Art. 397(1) CPP, recourse is written; oral debates are not excluded but must be requested or justified, which the appellant did not do.