Question juridique clé
Whether a civilly liable third party, not joined as a co-accused, may be bound in adhesion proceedings before the criminal court where the offense was prosecuted.
Solution extraite
No. A third party liable only under civil law must be sued at the court of his domicile under Art. 59 BV; the Bernese criminal court lacked jurisdiction over Surdez in Geneva.
Motifs extraits
The record showed that Surdez was not included as a co-accused in the criminal investigation. The criminal judgment merely imposed civil liability on him as employer. Since he was already domiciled in Geneva when first notified and was an able debtor, the constitutional protection of the domicile forum applied. His non-appearance did not amount to submission to Bern jurisdiction.