Dismissal of the appeal against a summary penalty order due to the appellant's unjustified absence from the main hearing

Facts

The appellant [X.] was found guilty by the Public Prosecutor's Office Höfe Einsiedeln in a summary penalty order dated 31 July 2015 of intentional serious violation of traffic regulations by exceeding the general speed limit within a built-up area and was punished with a suspended fine and a monetary penalty. [X.] filed an appeal against the summary penalty order. The District Court of Einsiedeln upheld the validity of the summary penalty order and referred the case back to the Public Prosecutor's Office. Since [X.] did not appear at the scheduled main hearing on 12 May 2016, the District Court established the legal force of the summary penalty order and discontinued the proceedings. [X.] appealed against this decision of the District Court, which the Cantonal Court of Schwyz dismissed on 5 December 2016. [X.] now appeals in criminal matters to the Federal Supreme Court, requesting that the decision of the Cantonal Court be set aside and the case be remanded to the District Court of Einsiedeln for it to hear and decide the appeal based on the files.

Considerations

1. The Federal Supreme Court dismisses the appeal: 1.1. According to the case law of the Federal Supreme Court, the court of first instance can oblige the accused who has filed an appeal against a summary penalty order to appear in person at the main hearing. In the case of an intentional serious violation of traffic regulations, as in the present case, the accused is in any case obliged to participate in person (Art. 336 para. 1 lit. a CrimPC). If he fails to appear at the hearing without excuse, the appeal is deemed withdrawn according to Art. 356 para. 4 CrimPC. 1.2. The appellant argues that he should have been allowed to be…