The cantonal authority is bound by the findings of fact retained in the annulled decision

Facts

The case concerns a dispute between the Public Prosecutor's Office of the canton of Aargau and K. The Federal Court was seized of an application to annul a cantonal decision. The facts of the case are as follows: K. was convicted of insult and received a sum of money from Frau V. The issue in dispute is whether the findings of fact retained in the annulled decision are binding on the cantonal authority when it renders its new decision.

The parties involved are the Public Prosecutor's Office of the canton of Aargau and K. The Federal Court rendered its decision on 3 November 1978. The decision concerns the application of articles 277 and 277ter of the Federal Code of Criminal Procedure (FCJA).

Considerations

The Federal Court considered that the cantonal authority is bound by the findings of fact retained in the annulled decision, insofar as they have not been rectified due to a manifest oversight. This means that the cantonal authority must take into account the facts established in the annulled decision when rendering its new decision.

The Federal Court also considered that the cantonal authority may be invited to complete or clarify certain factual points under article 277 FCJA. However, the cantonal authority cannot challenge the findings of fact retained in the annulled decision, unless they have been rectified due to a manifest oversight.

The Federal Court concluded that the cantonal decision had to be annulled and that the case had to be referred back to the cantonal authority so that it could render a new decision taking into account the…