Facts
The appellant [X.] was convicted by the Public Prosecutor's Office 3 Sursee for defamation and slander. He lodged an objection against the penal order, which was however dismissed because the time limit for objection had been missed. The appellant requested the reinstatement of the time limit for objection, which was rejected.
The appellant filed an appeal with the Federal Court and requested that the contested decision be set aside and that it be established that the penal order of 11 October 2012 had not become final. Alternatively, the matter was to be referred back to the Public Prosecutor's Office 3 Sursee so that it could set a new time limit for objection.
Considerations
The Federal Court examined whether the requirements for reinstatement of the time limit for objection were met. It found that the appellant had to expect a communication from the Public Prosecutor's Office and that the fiction of service under Art. 85 para. 4 lit. a CrimPC was applicable. The penal order was therefore deemed to have been served on 22 October 2012, and the time limit for objection ended on 1 November 2012.
The Federal Court rejected the appellant's…