Facts
The [X. GmbH] was fined CHF 120.-- on July 21, 2016, for exceeding the maximum speed limit on highways on February 6, 2014. After an objection and referral to the District Court of Winterthur, the proceedings were discontinued on February 14, 2017, due to statute of limitations, but the appellant was ordered to pay the costs of the judicial proceedings as well as the fees and expenses of the Statthalteramt. The appellant filed an appeal on March 16, 2017, which was dismissed due to late filing, as the appeal was not submitted within the deadline.
The appellant appealed to the Federal Court and requested the annulment of the contested ruling and a new decision on the appeal by the High Court of the Canton of Zurich. She also requested free legal aid.
Considerations
The Federal Court examined the appeal instruction of the District Court of Winterthur's decision and found that it met the requirements. The appeal instruction had to name the admissible appeal and indicate which authority and within which deadline it had to be filed. The district court's appeal instruction met these requirements, as it was stated under what conditions an appeal could be filed with the High Court within 10 days.
The Federal Court also pointed out that the 10-day appeal period cannot be extended and that the period begins on the day following the service of the reasoned decision. The appellant had handed over her appeal to the German Post on the last day of the deadline, which is not timely. To meet the deadline, the appellant would have had to submit her application to the criminal authorities by the last day at the latest or hand it over to the Swiss Post or a…