Facts
The appellant, A., was convicted by judgment of 22 April 2021 of the Criminal Court of the Vaud Cantonal Court for simple bodily harm, assault, insult, attempted coercion and contravention to the NarcA. The judgment was notified to the appellant's representative on 19 July 2021. The 30-day period for filing a criminal law appeal to the Federal Tribunal began to run on 16 August 2021 and expired on 14 September 2021. The appeal was filed on 15 September 2021, i.e. one day after the expiry of the period.
The appellant requested the restitution of the appeal period, invoking gross negligence on the part of their counsel. The Federal Tribunal declared the appeal inadmissible.
Considerations
The Federal Tribunal examined whether the appeal period to the Federal Tribunal could be restored. According to art. 50 para. 1 FSCA, the restoration of the period is subject to the condition that no reproach can be made against the party or their representative. In this case, the appellant's counsel acknowledged that the appeal was filed one day after the expiry of the 30-day period, without invoking a non-faulty impediment to action.
The Federal Tribunal also examined whether the setting of an appeal period and the conditions for its restoration pursued a legitimate aim and whether a reasonable proportionality existed between the means employed and the aim pursued. The Federal Tribunal considered that the setting of an appeal period and the conditions for its restoration pursued a legitimate aim, in particular to ensure good administration of justice and respect for the principle of legal certainty.
The Federal Tribunal also examined whether the conventional right to…