Questione giuridica chiave
Whether the cantonal appeal court could dispense with an oral appeal hearing under Articles 405 and 406 CPC
Decisione estratta
No. The notices were contradictory and did not establish a valid waiver of an oral hearing.
Motivazione estratta
The court found the procedural orders unclear: one notice suggested silence meant no waiver, another treated silence as consent to a written procedure. The defendant, as a layperson, could reasonably misunderstand this. The appeal court also failed to address his timely objection.