Key legal question
Whether the Geneva Chamber could uphold the conviction despite the pending cassation complaint against an interlocutory decision.
Extracted holding
The Chamber did not act arbitrarily in holding that the extraordinary cassation complaint did not automatically suspend the first-instance proceedings in this interlocutory situation.
Extracted reasoning
The Federal Court held that Art. 369 al. 2 CPP/GE concerns execution of convictions and does not necessarily govern interlocutory appeals. In the absence of an express rule on suspensive effect for such a complaint, it was not untenable to require a request for suspension.