Kernrechtsfrage
Whether the criminal appeal could be entered into despite the missing power of attorney.
Extrahierter Entscheid
No. Because the defect was not cured after the court’s order, the appeal had to be left unconsidered.
Extrahierte Begründung
Under Art. 42(5) in conjunction with Art. 40(2) BGG, the representative had to prove authorization. Since no power of attorney was filed by the deadline, the court applied Art. 108 BGG and declined to hear the appeal.