Facts
The case concerns a convicted person, Zimmermann, who requested the revision of a criminal judgment under Article 397 of the Swiss Criminal Code (SCC). The issue at stake is whether the convicted person, who is under guardianship due to a mental illness, has the capacity to take legal action to request the revision of their judgment. The Court of Cassation was seized of the case after the cantonal court rejected the convicted person's request for revision.
The parties involved are the convicted person, Zimmermann, and the Public Prosecutor's Office of the canton of Aargau. The procedure began on 3 October 1962.
The main issue is whether the convicted person, due to their mental illness, has the capacity to request the revision of their judgment autonomously or whether they must be represented by their guardian.
Considerations
The Court of Cassation examined the issue of the convicted person's capacity to take legal action under federal law. It considered that the capacity to take legal action is a matter of federal law and that, therefore, the decision of the cantonal court may be subject to an appeal for nullity.
The Court also examined the previous case law according to which a convicted person under guardianship due to a mental illness is generally not considered capable of requesting the revision of their judgment autonomously. However, the Court considered that this case law is not applicable in this case, as the convicted person has demonstrated that they have the necessary discernment to request the revision of their judgment.
The Court concluded that the rights that the…