Question juridique clé
Whether an appellant's unexcused absence from a second hearing after remittal counts as withdrawal of the appeal under § 207 aStPO (TG).
Solution extraite
No. § 207 aStPO (TG) applies only to the actual appeal hearing before the appellate court and does not cover a later hearing held for continuation of the proceedings or for evidentiary assessment after remittal.
Motifs extraits
The rule is aimed at cases where the appellant fails to timely pursue the appeal at the appeal hearing. A second hearing ordered after the Federal Supreme Court has set aside the first appellate judgment is not such a hearing; therefore the appeal is not deemed withdrawn.