Questione giuridica chiave
Whether the failure to notify the complainant of the prosecution’s and co-accused’s submissions violated the right to be heard and fair trial.
Decisione estratta
Yes. The court held that the parties had to be informed of received submissions and given an opportunity to reply before the decision; the omission violated Art. 29(2) BV.
Motivazione estratta
Art. 29(2) BV includes access to essential file material and the right to comment on submissions by other parties and authorities. The complainant did not receive several relevant responses, so she was deprived of any chance to file a rejoinder.