Question juridique clé
Whether the cantonal court could uphold the conviction despite the first-instance court having gone beyond the indictment without the formal aggravation procedure.
Solution extraite
The accused could still invoke the procedural defect; his silence at trial was not an abuse of rights because he had a constitutional right not to incriminate himself.
Motifs extraits
The accusatory principle protects the accused's defence rights. A failure to react immediately is abusive only when the party deliberately lets a curable defect pass in order to reserve a nullity ground; but no such abuse exists where the accused may rely on the privilege against self-incrimination and need not request his own re-indictment.