Facts
On 24 February 2021, the Regional Court of Bern-Mittelland convicted [A.] in absentia for repeated attempts of serious bodily harm and assault to a custodial sentence of 41 months. The defence and the Public Prosecutor's Office appealed against this judgment to the Cantonal Court of Bern. Noting that A.'s place of residence was unknown and that he would likely not be able to be summoned to the appeal hearing, although he should be personally questioned, the procedural management gave the parties the opportunity to comment on a possible withdrawal of the appeal within the meaning of Art. 407 para. 1 let. c CrimPC. The Cantonal Court then closed the proceedings due to the withdrawal of the appeal and the lapse of the joint appeal. [A.] appealed against this decision to the Federal Supreme Court, requesting the annulment of the cantonal decision and the remittal of the case to the Cantonal Court for it to consider the appeal and the joint appeal and to convene an appeal hearing. Subsidiarily, he requested the remittal of the case to the Cantonal Court for a new decision.Considerations
1. The Federal Supreme Court dismisses the appeal. 1.1 According to Art. 407 para. 1 let. c CrimPC, the appeal or joint appeal is deemed to have been withdrawn if the party who filed it cannot be summoned to appear. This provision constitutes a special rule for appeal proceedings, which takes precedence over Art. 88 para. 1 CrimPC on service by publication. 1.2 In the present case, the appellant refused to reveal his place of residence, thus preventing valid service of the summons to appear. He cannot demand the holding of an appeal procedure…