Facts
The complainant [X.] was sentenced by the Public Prosecutor's Office See/Oberland on 25 January 2016 for serious violation of traffic regulations with a conditional fine. The penalty order was served on him on 29 January 2016, and the time limit for lodging an objection expired on 8 February 2016. The complainant traveled to Bosnia during the running time limit for lodging an objection and was treated by a doctor there due to symptoms indicating suspicion of swine flu. He applied for restoration of the time limit for lodging an objection on 21 March 2016, which was rejected by the Public Prosecutor's Office. The High Court of the Canton of Zurich dismissed his complaint on 22 July 2016.
The complainant applies with a complaint in criminal matters to overturn the judgment of the lower court and to achieve restoration of the time limit for lodging an objection. He claims that due to his illness, he was not in a position to act within the time limit or to instruct a third party to perform the procedural act.
Considerations
The Federal Court examines whether the requirements for restoration of the time limit for lodging an objection according to Art. 94 Abs. 1 CrimPC are met. According to this provision, a party may request restoration of the time limit if it has missed a time limit and would suffer significant and irreparable legal loss as a result, and it credibly demonstrates that it is not at fault for missing the time limit.
The court finds that the complainant has not credibly demonstrated that he is not at fault for missing the time limit. The medical certificates submitted by the complainant do not prove that he was unable to act within the time limit due to his illness or to instruct a third…