Facts

Parties:

  • Appellant: [X.] , represented by attorney Markus Frei
  • Respondent: Public Prosecutor's Office of the Canton of St. Gallen

Facts:

  • [X.] operated the nightclub "[B.] " in St. Gallen and employed various dancers.
  • In 2013 and 2014, she deducted social security contributions from the wages but did not transfer them to the [C.] Compensation Fund.
  • Instead, she used the contributions for other purposes, such as repairs and settling other claims.
  • The Public Prosecutor's Office of the Canton of St. Gallen convicted [X.] with a penal order dated July 9, 2015, to a fine and penalty.
  • The District Court of St. Gallen acquitted [X.] , and the Cantonal Court of St. Gallen overturned the judgment and convicted her again.

Main Issue:

  • Appeal against the decision of the Cantonal Court of St. Gallen dated April 7, 2017, which found [X.] guilty of an offense against the OASIA.

Considerations

1. Withdrawal of appeal and written proceedings:

The appellant argued that the respondent's appeal should be considered withdrawn as it did not submit a timely written justification. However, the Cantonal Court proceeded with the appeal as the appeal declaration was sufficiently justified. The Federal Court confirmed that a renewed justification was not necessary if the appeal declaration already contained all required points. The fiction of withdrawal pursuant to Art. 407 para. 1 lit. b CrimPC would in this case amount to an exaggerated formalism.

2. Violation of the principle of legality:

The appellant complained of a violation of the principle of legality, as the penal order was not sufficiently precise and did not mention the warning procedure for the year 2014. The Federal Court found that the penal order sufficiently described the facts and that the appellant was able to exercise…