Questione giuridica chiave
Whether the appellate court may expand the criminal proceedings to new facts or factual elements not decided in first instance.
Decisione estratta
No. In appellate proceedings, the Obergericht may not extend the case to new allegations or factual elements not already covered in first instance.
Motivazione estratta
The accused must be able to rely on the fact that only matters already adjudicated below will be examined on appeal. New facts alleged for the first time on appeal cannot be judged or investigated; the scope of the judgment is defined conclusively by the closing order, possibly supplemented by orders of discontinuance or expansion made by the trial court.