Facts
On 26 September 1994, K. filed a constitutional appeal with the II. Criminal Chamber of the Bern Cantonal Court "for the attention of the Swiss Federal Court", which the President of the II. Criminal Chamber forwarded to the Federal Court on 29 September 1994. K.'s lawyer informed the Federal Court on 7 October 1994 that he had accidentally filed the appeal with an incompetent authority and asked the Federal Court to proceed with the case.
Considerations
The Federal Court first examines whether the time limit for filing the appeal has been observed. According to Art. 89 OG, a constitutional appeal must be filed with the Federal Court within 30 days of the notification or communication of the decision.
However, pursuant to Art. 32 para. 4 lit. a OG, the time limit is also deemed to have been observed if the appeal was filed in a timely manner with the cantonal authority that issued the contested decision. This provision specifies the general legal principle that the person seeking legal redress should not be deprived of the assessment of their legal claim by the competent instance.
Art. 96 para. 1 OG also points in the same direction and stipulates that the time limit for filing an appeal is observed if the appeal was filed in a timely manner with an…