Questão jurídica principal
Whether the cantonal judges and clerk had to recuse themselves in the criminal revision proceedings because of prior participation in the appeal judgment.
Decisão extraída
Prior participation in the earlier appeal judgment did not, in the circumstances, create an objective appearance of bias requiring recusal in the revision proceedings.
Fundamentação extraída
The Court reiterated that recusal depends on objective circumstances showing an appearance of bias. Prior involvement may be problematic in some constellations, but participation in revision by the original appellate judges is generally permissible because the revision grounds are distinct from the issues decided on appeal. The appellant mainly repeated criticism of the earlier sentence and of the appellate court's handling of evidence, which the Federal Court had already rejected in the prior appeal judgment.