Facts
The case concerns an individual, X., who was subject to a penal order for violating traffic rules. The penal order was issued by the Staatsanwaltschaft of the Canton of Bern and was contested by X. The Staatsanwaltschaft maintained the penal order and forwarded it to the court of first instance. The court sentenced X. to a fine for violating traffic rules.
The decision was appealed to the Obergericht of the Canton of Bern, which dismissed the appeal. X. then filed a criminal appeal with the Federal Tribunal.
Considerations
The Federal Tribunal examined the question of whether the penal order met the requirements of Article 9 paragraph 1 of the Criminal Procedure Code (CrimPC) and Article 325 paragraph 1 letter f of the CrimPC. The Federal Tribunal considered that the penal order had to contain a concise and precise description of the facts that were being attributed to the accused.
The Federal Tribunal also examined the question of whether the decision of the Obergericht of the Canton of Bern was in line with the principle of accusation. The Federal Tribunal considered that the decision of the Obergericht of the Canton of Bern was not in line with this principle, as it had not taken into account the need to determine the state of…