Questão jurídica principal
Whether the plea based on Art. 30 StGB and the indivisibility of the criminal complaint was admissible in the nullity appeal.
Decisão extraída
The plea was inadmissible because it had already been raised in the cantonal proceedings but was ignored there for procedural reasons; such a plea is treated as if it had not been raised and is therefore new on cassation.
Fundamentação extraída
A submission made in the cantonal proceedings but ineffective due to procedural lateness has no legal significance. When revived in the nullity appeal, it is a new ground within the meaning of Art. 273(1)(b) BStP and cannot be examined.