Kernrechtsfrage
Whether the cassation appeal was admissible despite being filed without conclusions and without a motivated brief within the statutory time limit.
Extrahierter Entscheid
No. A declaration of appeal without motivation required a motivated brief within ten days of receipt of the full judgment, which was not filed.
Extrahierte Begründung
Under Art. 425 para. 1 CPP, a bare declaration of appeal must be supplemented by a motivated brief within ten days from receipt of the challenged judgment. As no supplementary brief was filed, the court could not enter into the matter and had to dismiss the appeal pre-judicially under Art. 431 para. 1 CPP.