Facts
The case concerns the question of whether the provisions of the Swiss Code of Criminal Procedure (CCP) on service are applicable in the summary penalty procedure. The appellant X. was fined by the Public Prosecutor's Office of Basel-Stadt with a criminal order for violating traffic regulations. Upon his objection, the Single Criminal Court of Basel-Stadt determined the legal force of the criminal order, and the Court of Appeal of the Canton of Basel-Stadt dismissed his appeal.
X. lodges a criminal law appeal with the request to set aside the decision of the Court of Appeal. He claims that he did not receive either the violation report or the payment reminder.
Considerations
The Federal Supreme Court dismisses the appeal. It concludes that there is no specially regulated service for the summary penalty procedure. Neither the Summary Penalty Act (SPA) nor the Summary Penalty Ordinance contain any provisions on service. The legislator has consciously refrained from providing a separate service regulation in the SPA or including a reference to the service provisions of the CCP.
The summary penalty procedure is a formalized and rapid procedure that schematically provides for the same fines and enforcement modalities for the same violations. It serves the rapid and definitive resolution of the mass of minor traffic offenses with as little administrative effort as possible. This interpretation corresponds to the will of the legislator, as only this leads to the fastest and simplest possible procedure.
The decisive factor is therefore not whether the appellant actually took…