Facts
The decision concerns a case in which a person, X., was convicted by penal order for a serious traffic offense. X. filed an opposition to this order, but did not respond to the summons for a hearing. The Staatsanwaltschaft considered that the opposition was withdrawn due to X.'s unexcused default and decided that the penal order had become final.
The Federal Court was seized of the case after X. contested the Staatsanwaltschaft's decision. The Federal Court examined the provisions of the Criminal Procedure Code (CrimPC) relating to opposition to the penal order and unexcused default.
Considerations
The Federal Court considered that the provisions of the CrimPC must be interpreted in the general context of the law. The legal fiction that the opposition is deemed withdrawn in case of unexcused default only applies if the opponent has actually been notified of the summons and the consequences of default.
The Federal Court also examined articles 85 and 355 of the CrimPC, which govern the notification of decisions and opposition to the penal order.…