Facts
On 22 October 2015, a traffic accident occurred in which X. as the driver of a passenger vehicle was involved. On 30 June 2016, the Public Prosecutor's Office of the Canton of Schaffhausen issued a summary penalty order against X. for gross violation of traffic regulations by disregarding a traffic signal. X. filed an objection to this summary penalty order on 15 July 2016.
Subsequently, the Public Prosecutor's Office issued a new summary penalty order on 13 July 2017, which was identical to the first summary penalty order in terms of guilt and penalty, but contained a justification and increased the procedural costs to CHF 1,000. X. filed an objection to this second summary penalty order on 5 October 2017.
The Cantonal Court of Schaffhausen upheld the validity of the second summary penalty order and did not enter into X.'s objection. The High Court of the Canton of Schaffhausen dismissed X.'s appeal.
Considerations
The Federal Supreme Court decided that the Public Prosecutor's Office had merely corrected or supplemented the original summary penalty order of 30 June 2016, instead of issuing a new summary penalty order within the meaning of Art. 355 para. 3 lit. c CrimPC. The changes concerned the indication of the applicable legal provisions and a more detailed description of the facts, without changing the conviction or the sanction.
Since the Public Prosecutor's Office thus…