Key legal question
Whether the complaint could be heard despite the appellant not filing a cantonal nullity appeal
Extracted holding
The Federal Supreme Court could not entertain arguments that should have been raised in a cantonal nullity appeal, including complaints about the duty to apply the law ex officio and related factual attacks.
Extracted reasoning
Because the appellant had not exhausted the cantonal remedies, points that the cantonal cassation court could have reviewed were inadmissible under the requirement of finality.