Facts
[C.] was issued a summary fine of 20 francs on January 27, 1976. He had a deadline of 10 days, until February 7, 1976, to pay this amount. Failing payment within this deadline, ordinary proceedings had to be initiated.
[C.] only paid the fine on February 27, 1976. On March 8, 1976, the competent cantonal authority opened the ordinary proceedings and [C.] received a notice of contravention of 50 francs, with 20 francs to be deducted due to the partial payment. [C.] filed an objection.
The police court initially acquitted [C.], considering that the summary fine was a final penalty and could not be replaced by another conviction. However, on appeal by the Attorney General, the cantonal court of justice quashed this judgment and convicted [C.] to a fine of 20 francs, deemed to have been paid.
[C.] then appealed for nullity to the Federal Tribunal, concluding for his acquittal.
Considerations
The Federal Tribunal dismissed C.'s appeal. The Summary Fines Act (LAO) provides that the non-payment of the summary fine within the 10-day deadline leads to the opening of ordinary proceedings. No other interpretation can be reasonably drawn from the text of the law.
The…