Facts
The appellant X. was found guilty on 10 April 2013 in summary proceedings of complicity in fraud and money laundering and sentenced to a partially suspended custodial sentence of 30 months. On 12 May 2016, he filed a request for revision, as the judgment of the District Court was in irreconcilable contradiction with a subsequent criminal judgment. On 18 November 2016, the High Court of the Canton of Zurich did not enter into the request for revision.
X. filed a criminal complaint requesting the annulment of the decision of the High Court and the acceptance of his request for revision. However, the Federal Supreme Court dismissed the complaint.
Considerations
The Federal Supreme Court stated that the revision of a judgment rendered in summary proceedings due to an irreconcilable contradiction with a subsequent criminal judgment within the meaning of Art. 410 para. 1 lit. b CCP is not admissible. This is incompatible with the principles of summary proceedings, as in view of the consensual determination of the facts by the parties, divergent subsequent decisions are inherent to this summary procedure.
The Federal Supreme Court emphasized that the limited possibilities for legal remedies in summary proceedings are constitutionally acceptable, as the parties consent to the…