Question juridique clé
Which law governs a revision request filed after 1 January 2011 against a decision rendered before the CPP entered into force?
Solution extraite
The revision procedure is conducted under the new procedural rules, but the grounds for revision are those of the law in force when the challenged decision was rendered.
Motifs extraits
Art. 453 CPP governs procedural treatment of appeals against pre-CPP decisions, including revision, yet applying CPP revision grounds to a pre-CPP judgment would unlawfully replace the applicable old cantonal law. The Federal Tribunal held that the cantonal court had to examine the request under the old revision grounds.