projekte
BGE 13 I 376 ΓÇó Constitutional venue; no unconstitutional exception court
BGE 13 I 376Amtliche Sammlung des Bundesgerichts (BGE) / Band I09.11.1886Dismissed
J. C. Kern, a wine merchant from Gais, challenged a judgment of the Bezirksgericht Appenzell imposing fines for allegedly delivering adulterated wine into Appenzell I. Rh. He argued that the court lacked constitutional jurisdiction and that venue lay at his place of dispatch. The Federal Court held that the complaint was timely because prior service and acceptance of jurisdiction were not shown, but rejected the merits. The Bezirksgericht Appenzell was an ordinary, constitutionally competent court, not an exceptional tribunal, and the alleged conduct reached Appenzell I. Rh., so the cantonal criminal jurisdiction was proper.
Art. 58 BV; constitutional venue and prohibition of exceptional courts: a cantonal court designated by constitution and legislation as the ordinary tribunal is not an unconstitutional Ausnahmegericht. Criminal jurisdiction lies where the punishable conduct extends into the canton's territory, even if preparatory or dispatch-related acts occurred elsewhere. A constitutional complaint is not time-barred absent proof of official service of the challenged judgment and absent clear recognition of the contested forum by the complainant (consid. 1-2).
376 A. Staatsrechtliche Entscheidungen. I. Abschnitt. Bundesverfassung III. Gerichtsstand. Du for.