Facts
The appellant [X.] filed an objection on October 5, 2012 against a criminal order of the Zurich-Limmat Public Prosecutor's Office for forgery of identity documents and serious violation of traffic regulations. The Public Prosecutor's Office summoned [X.] by A-Post and email on October 10, 2012 to an interrogation on November 1, 2012. [X.] requested a postponement of the date, as he was abroad for professional reasons. The Public Prosecutor's Office demanded proof, which [X.] did not provide. He failed to appear for the interrogation without excuse, whereupon the Public Prosecutor's Office declared the objection as withdrawn. The High Court of the Canton of Zurich dismissed the appeal of [X.] against this decision.
Considerations
The Federal Supreme Court notes that the summons of [X.] did not comply with the formal requirements of Art. 85 para. 2 CrimPC, as it was not served by registered mail. However, since [X.] had demonstrably received the summons and responded to it, this formal defect is irrelevant. The Federal Supreme Court sees no legal disadvantage for [X.] and considers the summons to be legally effective.
Furthermore, the Federal Supreme Court finds that [X.] failed to appear for the interrogation…