Facts
On May 10, 2019, the Geneva Fines Service fined A. CHF 750 and CHF 150 in costs, following a violation of road traffic regulations. On May 23, 2019, A. filed an opposition against this criminal order.
On August 20, 2019, the Fines Service upheld its criminal order and forwarded the file to the Police Court, stating that the opposition would be considered withdrawn in case of payment of the requested amount. On October 4, 2019, A.'s lawyer consulted the file and on the same day, the fine and costs were paid.
On October 11, 2019, the Police Court took note of the withdrawal of the opposition and stated that the criminal order was equivalent to a final judgment. A. filed an appeal against this decision, which was rejected by the Geneva Court of Justice on January 23, 2020.
Considerations
The Federal Tribunal considered that A.'s payment of the fine and costs could be interpreted as a withdrawal of his opposition by conclusive act, in accordance with Article 356 paragraph 3 of the Swiss Criminal Procedure Code (CPC).
Indeed, the doctrine generally accepts that a withdrawal of the opposition can be made by acceptance of the criminal order, in particular by payment of the fine or monetary penalty. The fact that the CPC does not subject the withdrawal of the opposition to a particular form speaks in favor of this…