Dismissal of the Nullity Appeal against a Traffic Offence Decision

Facts

The Federal Tribunal was seized of a nullity appeal against a judgment of the District Court of Wil that had convicted G. to a fine of 60 francs for failure to adapt speed during an urgent service trip (Art. 32 para. 1, 100 no. 4 RTA). According to the criminal procedure law of the canton of St. Gallen, no cantonal appeal for violation of federal law is possible against this judgment. An appeal is excluded because the fine imposed does not reach the amount required for entry of an offence in the criminal record (more than 200 francs, Art. 9 no. 2 of the Ordinance on the Criminal Record) and the public prosecutor's office did not request a more severe penalty (Art. 180 para. 2 CrimPC/SG). Furthermore, the cantonal nullity appeal does not allow the violation of federal law to be asserted (Art. 190 para. 2 CrimPC/SG). Although the judgment of the District Court of Wil is a decision rendered in the final cantonal instance within the meaning of Art. 268 no. 1 first sentence FCJA, it cannot be the subject of a federal nullity appeal, as the District Court, as a lower court, has ruled in a single cantonal instance (Art. 268 no. 1 second sentence FCJA). The fact that the judicial proceedings were preceded by a provisional fine decision of the prefect, which became ineffective due to an objection, does not change this, as this provisional decision is not a first instance judgment.

Considerations

The Federal Tribunal considers that the nullity appeal is not admissible. Although the contested judgment is a decision rendered in the final cantonal instance, it…