Facts
The appellant [A.] was fined for multiple instances of exceeding the permitted parking time and failure to activate the parking meter. She lodged an objection to the penalty order and was summoned to the main hearing before the District Court of Aarau. The appellant failed to appear at the main hearing without excuse, whereupon the District Court discontinued the proceedings due to withdrawal of the objection. The appellant lodged a complaint against this decision, which was rejected by the High Court of the Canton of Aargau.
The appellant now requests the Federal Court to establish that the objection is not deemed withdrawn and to remand the matter for substantive consideration. She claims that she was unable to participate in the main hearing due to health problems and that her defense counsel cited important reasons for her absence.
Considerations
The Federal Court must examine whether the appellant's objection to the penalty order is deemed withdrawn because she failed to appear at the main hearing without excuse. The lower court affirmed this, as the appellant failed to prove that she was unable to participate in the proceedings.
The Federal Court states that the fiction of withdrawal under Art. 356 para. 4 CrimPC only applies if the accused person has actual knowledge of the hearing and the duty to appear in person, and if they have been sufficiently informed about the consequences of unexcused absence in a manner they can understand. However, the lower court failed to properly examine whether the appellant cited important reasons for her absence and whether her presence at the main hearing was required.
The…