Questione giuridica chiave
Whether the Obergericht violated in dubio pro reo or committed arbitrary fact-finding by relying on witness statements and not rehearing the witnesses.
Decisione estratta
No. The court could give greater weight to the earlier witness statements and could forgo a new examination because the decisive facts were sufficiently clarified.
Motivazione estratta
The Federal Court held that, after its prior remittals, the Obergericht had to consider the witness statements more closely. Rehearing was unnecessary because further evidence would not materially clarify the facts, and the complainant had also waived renewed questioning.