Question juridique clé
Whether refusal to order production of project files and control lists violated the investigation duty and hearing rights
Solution extraite
Yes. The lower courts rejected the request by merely doubting that the files would contain exculpatory proof, instead of asking whether the evidence could affect their view.
Motifs extraits
Under Art. 6 and 139 StPO, authorities must investigate both incriminating and exculpatory circumstances and may refuse evidence only in narrow cases. Anticipatory assessment requires a hypothetical supplementation of the record; the requested evidence was not shown to be incapable of proving the alleged advance payments.