Facts
Parties involved: A. (appellant), B. and C. (defendants), Central Public Prosecutor's Office of the Canton of Valais.
Courts involved: Judge II of the Sion District, Criminal Chamber of the Cantonal Court of Valais, Federal Supreme Court.
Key dates: Complaint filed on June 18, 2018, order of August 11, 2020, appeal filed on August 24, 2020, decision of the Cantonal Court of September 28, 2020, ruling of the Federal Supreme Court of October 7, 2021.
Main issue: Compliance with the appeal deadline and the validity of video evidence as a means of proving timely filing.
Considerations
The Federal Supreme Court examines whether the appellant complied with the appeal deadline by submitting a video as evidence. According to Art. 91 para. 2 CrimPC, the deadline is deemed respected if the act is handed over to Swiss Post before the deadline expires. The date of deposit is presumed to coincide with that of the postal stamp, but this presumption can be rebutted by appropriate evidence.
The appellant submitted a video showing the deposit of the appeal in a Swiss Post mailbox on the last day of the deadline. The Federal Supreme Court recognizes that this evidence is admissible if it is produced spontaneously and before the deadline expires. The cantonal court had rejected this evidence due to doubts about its…