Questione giuridica chiave
Whether the appellant’s right to be heard was violated because the prosecutor’s submission was not disclosed before the cantonal decision.
Decisione estratta
Yes. The prosecutor’s submission was decisive material and should have been communicated to the appellant for comment before the ruling.
Motivazione estratta
Under Art. 29(2) BV, a party must be able to inspect and comment on all decisive submissions. The record did not show that the appellant had been given the prosecutor’s 10 January 2006 submission before the cantonal decision.