Facts
The appellant [J.] was expelled on 31 December 2005 as his residence permit had expired. On 25 January 2006, he was arrested during an official visit and charged with illegal residence in Switzerland. On 14 September 2006, the District Office of Baden convicted him of illegal residence and sentenced him to an unconditional prison sentence of 30 days and revoked the suspended sentence of 60 days' imprisonment from 2004 due to violations of the ANAG. The summary penalty order was published in the official gazette on 2 October 2006.
On 5 January 2011, [J.] entered Switzerland and was immediately arrested. On 26 January 2011, he filed a request for restoration of the time limit for objection against the summary penalty order of 14 September 2006. This request was rejected by the High Court of the Canton of Aargau on 18 February 2011.
Considerations
The Federal Supreme Court states that the restoration of a missed deadline can only be considered if the defaulting person cannot be blamed for missing the deadline. The reasons must be of some weight, which made it impossible for the person to meet the deadline or to entrust a third party with the observance of the deadline.
In the present case, the Federal Supreme Court assumes that the appellant, based on his previous experience with criminal proceedings for…