Questão jurídica principal
Whether the criminal-law limitation period had to be examined for fines converted into substitute imprisonment.
Decisão extraída
The limitation defense is admissible before the Federal Court because the cantonal appellate court had full review powers and had to examine prescription ex officio.
Fundamentação extraída
A new legal ground may be raised when the last cantonal instance could freely review the case and had to apply the law ex officio; this was the situation in the cantonal appeal proceedings.