Facts
The complainant [X.] was fined CHF 200.-- by penal order of July 21, 2011, for violating the Narcotics Act. He did not appeal this penal order. On June 25, 2014, he filed a request for revision, claiming that the drug rapid test conducted on him was unreliable. The High Court of the Canton of Aargau did not consider the request for revision, as it deemed it to be an abuse of law. The complainant requests that the decision of the High Court be set aside and that it be instructed to examine the request for revision on its merits.
The Public Prosecutor's Office and the High Court of the Canton of Aargau waive their right to comment. The complainant was tested positive for opiates on January 12, 2011, by means of a drug rapid test, although he denied having consumed opiates. He claimed in his request for revision that drug rapid tests have a significant error rate and are not suitable, on their own and without additional blood or urine tests, to prove drug consumption.
Considerations
The Federal Court must examine whether the complainant's request for revision is admissible. According to Art. 410 para. 1 lit. a CrimPC, revision may be requested if new facts or new evidence have arisen after the decision, which are capable of leading to an acquittal or a significantly milder punishment of the convicted person.
The Federal Court finds that the lower court has violated federal law by not considering the request for revision. It does not follow from the decision of the lower court that the complainant was aware of the possible unreliability of the drug rapid test before the expiry of the time limit for appeal. Consequently, he could not have raised this issue in ordinary proceedings.
The Federal Court…