Facts

The present judgment concerns an application for revision filed against a decision of the Federal Supreme Court in a criminal case. The facts are as follows:
  • The applicant, Mr. Metz, was the subject of criminal proceedings by the Public Prosecutor's Office of the Canton of Grisons.
  • The Federal Supreme Court rendered a judgment in this criminal case.
  • Mr. Metz subsequently filed an application for revision of this judgment of the Federal Supreme Court.

Considerations

The Federal Court dismisses the application for revision for the following reasons:

According to Art. 139 of the Federal Judicial Organisation Act (OJ), the provisions on the revision of federal judgments in criminal matters are not governed by Art. 136 et seq. of the FSCA, but exclusively by the rules of the Federal CrimPC. The latter provides for the possibility of revision against the judgments of the Federal Assizes, the Criminal Chamber and the Federal Criminal Court, but expressly limits this recourse to the civil points only for the decisions of the Federal Supreme Court (Art. 271 para. 4 CrimPC). It follows that there is no possibility of revision against judgments rendered by the Federal Supreme Court in criminal matters (ATF 80 IV 143).

This regulation is mainly due to the fact that the Federal Supreme Court is only a pure court of cassation in criminal matters. In other words, in the event of a different judgment on the criminal…