Criminal revision: scope of right to be heard when appellate court adds supplementary reasoning without prior adversarial hearing

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's procedural complaint regarding a hearing violation, ordering that the decision be made at the defendant's expense. The dispute arose because the defendant challenged the Senate's earlier rejection of his appeal against a lower court's criminal judgment, arguing that the Senate had violated his right to be heard by including supplementary reasoning in the rejection order without first granting him an opportunity to comment. The Court held that no violation of the right to a hearing occurred, as the appellate court had not utilized procedural material to which the defendant was not privy, nor did it ignore relevant arguments submitted by the defendant. The decisive legal basis was the requirement under criminal procedure law that the right to be heard is not infringed when the court does not rely on facts or evidence excluded from the adversarial process.