Facts
On 20 March 1959, the High Court of the Canton of Schaffhausen sentenced Meier to a term of imprisonment. Against this judgment, pronounced orally, the convicted person filed an appeal for nullity with the Court of Cassation of the FTA on 26 March. A copy of the judgment was sent by registered mail to Meier's address, but could not be delivered to him on 23 and 24 April 1959 during the two delivery attempts by the postal worker. As the item was not collected within four days despite the notice left, it was returned on 28 April to the High Court, which forwarded the file to the FTA after the expiry of the deadline for filing the grounds of the appeal.Considerations
The Court of Cassation considers that according to Art. 272 para. 2 FCJA, the appeal for nullity must be filed with the grounds within twenty days of notification of the written decision. Notification is governed by cantonal law, while the time when it is deemed to have taken place is determined by federal law. According to case law, when the attempt to notify by post fails, notification is not deemed to have been effected by the mere deposit of the collection notice in the mailbox, but only by the actual collection of the item at the post office. If the item is not collected, notification is deemed to have taken place on the last day of the four-day period…