Admissibility of an "Einsprache" as a Notice of Appeal

Facts

Hans Köchli was sentenced on November 11, 1966, by the President of the District Court II of Biel to 15 days' imprisonment, publication of the judgment, and payment of the court costs for driving a motor vehicle while intoxicated and driving without lights. On November 17, 1966, Köchli sent the District Court II of Biel a declaration that he was "fully lodging an Einsprache" against the judgment.

The Cantonal Court of Bern did not enter into the submission, as the declaration of "Einsprache" did not constitute a valid notice of appeal. Köchli then filed a constitutional complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court overturned the decision of the Cantonal Court. It stated that the lodging of an "Einsprache" against an appealable criminal judgment should indeed be considered a valid notice of appeal. The law clearly intends to facilitate the filing of an appeal and also allows for oral declaration. According to Art. 298 para. 4 of the Criminal Procedure Code, an error in the designation of the legal remedy is harmless.

The assumption of the Cantonal Court that the lodging of an "Einsprache" is not sufficient, as it only demands a re-examination by the same and not by a higher instance, is untenable. Since…