Facts
On November 6, 2014, the District Court of Zurich found X. guilty of commercial fraud in simplified proceedings and sentenced her to a conditional prison sentence of 24 months and an unconditional fine. On December 9, 2015, X. filed a request for revision with the High Court of the Canton of Zurich, which the High Court dismissed on April 13, 2016. X. then filed a criminal law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court held that the revision of a judgment rendered in simplified proceedings based on new facts and evidence within the meaning of Art. 410 para. 1 lit. a CrimPC is not admissible. This corresponds to the will of the legislator, as expressed in the message and the parliamentary deliberations.
However, revision is admissible if there is a criminal influence on the simplified proceedings (Art. 410 para. 1 lit. c CrimPC) or serious defects of will. In these cases,…