Facts
The appellant [X.] was sentenced by the District Court of Rheintal to a custodial sentence of 22 months for multiple counts of false accusation as well as various offences against property, documents, and road traffic regulations. However, the Cantonal Court of St. Gallen acquitted him of one count of false accusation. [X.] appealed against this part of the judgment to the DFC.Considerations
The DFC dismissed the appeal. It stated that the appellant, during a police interrogation, had knowingly accused a non-offender, namely [A.] , of speeding and accepted that criminal proceedings would be initiated against him. This fulfilled the elements of the offence of false accusation under Art. 303 para. 1 SCC.
The summary penalty order procedure under the FixPenA is a formalised and expedited procedure, but remains a criminal procedure. The anonymity of the procedure only relates to the question of whether and under what circumstances the imposition of a summary penalty order leaves a trace. However, this does…