Dismissal of the nullity appeal against the cost order in the summary penalty procedure

Facts

The appellant [A.] was fined CHF 40 by the Zurich City Police on 15 October 2002 for failing to display the parking ticket on the vehicle. [A.] only partially paid the fine, whereupon the ordinary procedure was initiated and he was fined CHF 40 by the Zurich City Court. [A.] filed an objection against this order, which was rejected by the District Court of Zurich. The High Court of the Canton of Zurich then dismissed [A.] 's nullity appeal. Thereupon, [A.] filed a federal nullity appeal with the DFC, requesting that the High Court's decision be set aside and the matter be remanded for a new assessment.

Considerations

The DFC dismissed the nullity appeal. It stated that the ordinary procedure was rightly initiated, as [A.] had only partially paid the summary penalty. The summary penalty procedure must be applied if the requirements for it are met. Full payment of the fine within the 30-day deadline is a prerequisite…