Questão jurídica principal
Whether the constitutional complaint was admissible despite the right-to-silence argument not being raised below
Decisão extraída
Yes. The constitutional arguments could still be heard because the last cantonal instance had full review powers and had to apply the law ex officio.
Fundamentação extraída
The Court held that, under Art. 86(1) OG, material exhaustion is required, but legal novelties are exceptionally admissible where the cantonal court had full review powers, the law had to be applied ex officio, and the constitutional complaint has an independent significance.