Questão jurídica principal
Whether the Federal Supreme Court could review the cantonal court's refusal to convict under Art. 105 LACI despite reliance on a cantonal evidentiary rule.
Decisão extraída
No. The contested ruling did not apply cantonal law in place of federal law; it declined to find the offence because the facts were not established by admissible evidence, a matter governed by cantonal procedure.
Fundamentação extraída
The nullity appeal lies only for violations of federal law. Assessing admissibility and probative value of evidence is a cantonal procedural question. The refusal to convict on that basis was not an arbitrary refusal to apply federal criminal law and was compatible with fair-trial guarantees.