Appeal by the administrative authority concerned against a judgment rendered in a single cantonal instance

Facts

This decision of the Swiss Federal Tribunal concerns a nullity appeal filed by the Directorate General of the PTT (Swiss Postal Service) against a judgment rendered by a cantonal court. The main factual elements are as follows:

• The Directorate General of the PTT has filed a nullity appeal against a judgment rendered by a cantonal court, which ruled in a single cantonal instance.
• The central question is whether the administrative authority concerned, in this case the Directorate General of the PTT, has standing to appeal the judgment, or if only the Federal Public Prosecutor's Office can do so.

Considerations

From a legal perspective, the Federal Tribunal considers that, contrary to federal criminal procedure, administrative criminal law expressly provides for the possibility of filing a nullity appeal against judgments rendered by cantonal courts, even when they rule in a single instance (Art. 83 ACLA).

Regarding standing to appeal, the Federal Tribunal considers that the administrative authority concerned, in this case the Directorate General of the PTT, has the right to file a nullity appeal, in its capacity as a…