Facts
The case concerns a penal order issued by the Public Prosecutor's Office of the Canton of Lucerne against [X.] for various criminal offenses allegedly committed on March 20, 2012 at Lucerne train station. [X.] did not file an objection to the penal order and paid the fine and costs. However, he later requested the restoration of the deadline for filing an objection, which the Public Prosecutor's Office rejected. [X.] then filed a complaint against this rejection with the Cantonal Court of Lucerne, which was dismissed.
[X.] subsequently filed a criminal complaint with the Federal Supreme Court, requesting that the decision of the Cantonal Court be set aside and the matter be remanded for a new assessment. Alternatively, he requested that the nullity of the penal order of December 14, 2012 be declared.
Considerations
The Federal Supreme Court dismissed the complaint. It stated that the penal order was "invalid" in one point, as it lacked the statement of facts as required by Art. 353 para. 1 lit. c CrimPC. However, this invalidity did not lead to the nullity of the penal order, as particularly serious violations of the law would be required for that.
The Federal Supreme Court further found that the complainant had missed the deadline for filing an objection to the penal order and that this was also attributable to him.…