Facts
The complainant [X.] was found guilty by penal order of 26 November 2013 of embezzlement and of failing to surrender the removed license plates and vehicle registration despite an official request. He lodged an objection against this penal order on 6 December 2013. However, the Public Prosecutor's Office declared the objection invalid and deemed the penal order final. The Cantonal Court of Lucerne dismissed the complaint lodged by [X.] against this decision.
The complainant filed a criminal appeal and requested that the decision of the Cantonal Court of Lucerne be set aside and that his objection of 6 December 2013 be considered. The Federal Court had to decide whether the Public Prosecutor's Office was authorized to rule on the validity of the objection to the penal order.
Considerations
The Federal Court applies the law ex officio and is not bound by the arguments raised in the appeal or the considerations of the lower court. It can uphold an appeal for a reason other than the one invoked and it can dismiss an appeal with a reasoning that deviates from that of the lower court.
If an objection is lodged against a penal order, the Public Prosecutor's Office takes the further evidence required for the assessment of the objection. After taking the evidence, the Public Prosecutor's Office decides whether to uphold the penal order, discontinue the proceedings, issue a new penal order, or bring an indictment before the court of first instance. If the Public Prosecutor's Office decides to uphold the penal order, it immediately forwards the files to the court of first instance for the conduct of the…