Facts
The appellant [X.] was convicted by the District Court of Bülach for various offenses. He appealed the judgment. The High Court of the Canton of Zurich scheduled the appeal hearing for April 4, 2013. However, the summons to [X.] could not be served, as he had deregistered himself as "whereabouts unknown" with the residents' registration office. Nevertheless, the High Court assumed that the summons was deemed to have been served in accordance with Art. 85 para. 4 lit. a CrimPC, and dismissed the proceedings due to the withdrawal of the appeal, as [X.] and his defense counsel did not appear for the hearing.
[X.] filed a criminal complaint against the decision of the High Court. He alleged violations of various provisions of the Swiss Criminal Procedure Code (CrimPC) and the prohibition of excessive formalism.
Considerations
The Federal Supreme Court upheld the complaint. It stated that, in accordance with Art. 88 para. 1 lit. a CrimPC, a public announcement of the summons should have been made, as the appellant's whereabouts could not be determined despite…