Facts
Parties:
- Appellant: [A.] , represented by attorney Jörg E. Wilhelm
- Respondent: Public Prosecutor's Office of the Canton of Graubünden
Facts:
- On March 27, 2019, [A.] was accused of speeding, for which a fine of CHF 40.-- was imposed.
- [A.] denied the offense and stated that a national of [U.] had been driving the vehicle.
- The Public Prosecutor's Office of Graubünden issued a penal order, against which [A.] filed an appeal.
- The Regional Court of Prättigau/Davos summoned [A.] several times for the main hearing, which he either did not attend or requested a postponement.
- The Regional Court closed the proceedings based on the withdrawal fiction and declared the penal order to be final.
- [A.] filed an appeal with the Cantonal Court of Graubünden, which dismissed the appeal.
- [A.] then filed an appeal with the Federal Supreme Court.
Considerations
1. The Federal Supreme Court admits the appeal, as it meets the statutory requirements and the previous instance has correctly established the facts.
2. The application of the withdrawal fiction pursuant to Art. 356 para. 4 CrimPC requires that the accused has been informed about the consequences of unexcused absence and is aware of them. The previous instance found that [A.] had been informed about the consequences of default and that there were no sufficient reasons for his absence. However, the application of the withdrawal fiction to [A.] is inadmissible because he was…