Key legal question
Whether the first-instance court violated the accusation principle and the right of defense by relying on Art. 34(3) SVG instead of the referral order's cited provisions.
Extracted holding
No constitutional violation was shown; the new legal qualification was foreseeable and the defense had a chance to address it on cantonal appeal.
Extracted reasoning
The court held that the appeal brief did not show arbitrary application of cantonal procedure, and the cantonal court could cure any defect because X. had argued the relevant provision on appeal. The changed qualification did not impair the defense in the circumstances.