Facts
The case concerns an individual, K., who was convicted by the Cantonal Court of Zurich for several offenses, including the crime of fraud, fraudulent bankruptcy, document forgery, and obtaining a false certificate. The procedure began in 1977 and ended with a judgment in 1989. The Cantonal Court sentenced K. to 15 months in prison with probation, but the Court of Cassation of the canton of Zurich annulled this judgment due to the slowness of the procedure.
The Federal Public Prosecutor's Office filed an appeal against this decision, arguing that the Court of Cassation had violated federal law by not taking into account the penal provisions of federal law. The Federal Court admitted this appeal and annulled the decision of the Court of Cassation.
Considerations
The Federal Court considered that the slowness of the procedure was a violation of the principle of swiftness of the criminal trial, as guaranteed by Article 6 of the European Convention on Human Rights (ECHR). It also considered that federal law does not provide for a specific sanction for this violation, but that the judge may take this circumstance into account when determining the sentence.
The Federal Court also examined the consequences of the slowness of the procedure on the criminal procedure and considered that the most appropriate sanction would be to take into account the slowness of the procedure when determining the sentence, rather than annulling the procedure. It also considered that the interests of the victims must be taken into account in determining the sanction.
The Federal Court concluded that the decision of the Court of Cassation was contrary to federal law and annulled this decision.…