Facts
The case concerns a fixed penalty notice imposed on X. by the Prefecture of the District of Lausanne on June 10, 2015, for a simple regulatory offense. The penalty notice was served by ordinary mail. X. filed an opposition on July 2, 2015, which the Prefecture rejected as untimely. The cantonal court dismissed X.'s appeal. X. then appealed to the Federal Court, requesting the annulment of the cantonal judgment and the remand to the Prefecture for reconsideration and decision in accordance with the grounds.
Considerations
The Federal Court found that the Prefecture did not serve the penalty notice in accordance with Art. 85 para. 2 CrimPC, as it was served by ordinary mail and not by registered mail or another method with proof of receipt. The burden of proof for service and the date of service lies with the penal authority. The proof of the date of receipt by the addressee cannot be established by reference to the usual delivery time for mail. In this case, there is no evidence that X. received the…