Facts
The case concerns the service of a penal order on a defendant who is resident in the Principality of Liechtenstein. On 19 December 2013, the Altstätten Investigating Office issued a penal order against the defendant [X.] . The penal order was sent to his residential address in Liechtenstein and was reported by the local post office as ready for collection on 20 December 2013. As [X.] did not collect the postal item within the time limit, it was returned to the Investigating Office on 30 December 2013. On 14 January 2014, the penal order was served again by registered mail to [X.] . He filed an appeal against the penal order on 17 January 2014 and requested the restoration of the time limit for appeal.
The District Court of Werdenberg-Sarganserland did not enter into the appeal due to the delay and dismissed the request for restoration of the time limit. [X.] 's appeal against this decision was dismissed by the Indictment Chamber of the Canton of St. Gallen on 8 April 2014.
[X.] now appeals in criminal matters to the Federal Supreme Court. He requests that his appeal be admitted and that the ordinary criminal proceedings be conducted. Alternatively, he requests that the decision of the Indictment Chamber be set aside and the case be remanded to the lower court for a new assessment.
Considerations
The Federal Supreme Court dismisses the appeal, insofar as it can be entered into. It states that, in accordance with the international treaty agreements between Switzerland and Liechtenstein (Art. 32 of the Treaty with Austria and Liechtenstein, Art. 52 para. 1 of the Schengen Implementation Agreement), the service of the penal order of 19 December 2013 on the defendant residing abroad was permitted to be made directly by post. The application of the service fiction under Art. 85 para. 4 lit. a CrimPC…