Facts
The appellant [A.] was found guilty of fraud by penal order of 21 August 2020 and sentenced to a conditional prison term of 14 days and a fine of CHF 300.--. The appellant filed an application for reinstatement of the time limit to appeal on 16 February 2022, which was rejected by the public prosecutor's office. The High Court of the Canton of Thurgau dismissed the appeal against this decision on 14 April 2022.
The appellant now requests the Federal Court to set aside the high court's judgment, establish the relevant facts, instruct the public prosecutor's office to reinstate the time limit to appeal, and declare that his right to be heard has been violated. He also requests free legal aid and representation.
Considerations
The Federal Court states that the appellant has not met the requirements for reinstatement of the time limit pursuant to Art. 94 CrimPC. The lower court correctly found that the appellant did not credibly demonstrate that it was impossible for him to comply with the time limit to appeal after his discharge from the clinic on 3 August 2020 or to entrust someone with doing so.
The Federal Court refers to the case law according to which reinstatement of a time limit is only permissible in the absence of any fault (Art. 94 para. 1 CrimPC, Art. 50 para. 1 FSCA, Art. 13 para. 1 FCPA and Art. 33 para. 4 DEBA). The appellant has not shown that he is not at fault for the default. The appellant's illness must have prevented the person seeking legal remedy from acting themselves within the time limit or from entrusting a third party with…